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HomeMy WebLinkAbout19980941 Ver 1_COMPLETE FILE_19980916State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director I V"A 14D • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 1, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ken Bailey Arland Community Development 448 Viking Drive Suite 225 Virginia Beach, NC 23452 Dear Mr. Bailey: Re: Delta Ridge subdivision Wake County DWQ # 980941 At your request, I conducted a site visit to this project to determine whether the Neuse River Buffer rules apply to the site. Mr. Bob Zarzecki of Soil and Environmental Consultants was also present. I confirmed that a stream and forest vegetation were present at the location identified by Mr. Danny Smith of our Raleigh Regional Office and that the Neuse River Buffer rules apply to this site. Two other situations on this site need your immediate attention in order to avoid a formal Notification of Violation from the NC Division of Water Quality for violations of water quality standards including the Neuse River buffer rules. First, the sediment and erosion control measures have failed on the site and (if not immediatly rectified) will result in violations of our turbidity water quality standard. I understand from Mr. Zarzecki that you plan to repair these measures. Please notify DWQ when this occurs so I can visit the site. In any event DWQ staff will revisit this site within the next several weeks to examine progress in this regard. Second, the Neuse River buffer rules require the stormwater to be directed to sheetflow across the buffer. The 18" stormwater pipe at the uppermost end of this stream needs to be redesigned to force sheetflow rather than channeled flow as it is occuring today. A redesigned, engineering solution will need to be developed and presented to DWQ for written approval in order to avoid a Notice of Violation and possible penalty for this violation of the Neuse River buffer rules. Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper Please call me at 919-733-1786 if you have any questions about this project. Sincerely, John Dorney Wetlands Certification Program cc: Danny Smith, Raleigh Regional Office Todd St. John Bob Zarzecki; S & E C Central Files C O M M U N I T Y D E V E L O P M E N T November 12, 1998 John R. Dorney State of North Carolina Department of Environment and Natural Resources Division of Water Quality; Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, NC 27607 RE: Delta Ridge Subdivision; DWQ #980941 Dear Mr. Dorney: ?!7 NOV 161998 In response to your October 28, 1998, letter, Arland requests that your office "revisit" the issue of vesting concerning Delta Ridge, now that HB 1402 has become law. We understand that the new law has less stringent requirements concerning establishing vested rights, which may be applicable to our project. We also understand that the new law has provisions that could allow us to proceed with our project through a variance and/or mitigation. Having not yet had a chance to review the new law, we are unable to determine which option(s) may be most applicable to our project. In light of these most recent actions by the legislature, we suggest that a meeting with you to discuss these points further may resolve this matter most efficiently. Perhaps we could discuss this issue after our meeting for Eagle Ridge on November 18. Please contact me to confirm this suggestion or to schedule another date. 448 Viking Drive, Suite 225 • Virginia Beach, VA 23452 • (757) 498-1112 Fax (757) 498-1161 - 2 - November 12, 1998 Sincerely, Kenneth W. Bailey, Jr. Environmental Director KWB cc: John Cook; Womble Carlyle Sandridge 8s Rice Alan Resh OCT-16-98 FRI 12:40 PM WOMBLE &CARLYLE FAX NO. 19197552150 A 10-15-98 P12:32 IN WOWLE CARLYLE SANDRIDGE & RICE A PROFESSIONAL LIMfTED LIABILITY COMPANY DATE: October 15, 1998 FROM: John C. Cooke FAX: (919) 755-6083 PHONE: (919) 755-2192 CONFIDENTIAL AND PRIVILEGED The lgformatlon contained In this jaceimile Rvprtvlleged and copodential fi formation intended for the sole use of the adoWasee. t0ho reader of this facsimile is not the intendedreeipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby noll led that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this FAX in error, plaose immediately notify the person listed above, and return the original message by mail to the sender at the address listed above, 150 Fayetteville Street Mall, Suite 21 D0 Raleigh, NC 27601 Mailing Address: Post Office Box 931 Raleigh, NC 27602 Telephone: (9 19) 755-2 100 Fax: (919) 755-2150 P. 01/04 ATLANTA CHARLOTTE RALEIGH RESEARCH TRIANGLE PARK WASHINGTON, D.C. W INSTON,SALEM FACSIMILE Please call ut at the following number if the message you receive is Incomplete or not legible: (919) 755-2100 ext. 6201. ATTORNEY #: 088 CLIENTIMATTER #: 34134.0001.4 # OF PAGES (INCLUDING COVER) 3 TO: FIRM/COMPANY: John Dorney DWQ Jill B. Hickey Office of Atty. General MESSAGE: FAX NO: 733-9959 716-6767 OCT-16-98 FRI 12:41 PM WOMBLE &CARLYLE FAX NO. 19197552150 P. 02/04 WOMBLE 150 Fayetteville Street Mall, Suite 2100 CARLYLE Raleigh, NC 21601 SANDRIDCiE Moiling Address John C. Cooke Post Office Box 831 Direct Dinl: (919) 755-2192 RICE Raleigh, NC 27602 Direct Fax: (919) 755-6083 Telephone: (919) 755-2100 E-mail: JCooke©WCsr,com A PROPESSIONAL LIMITED LIAZIUTT COMPANY Fax: (919) 755-7.150 October 15, 1998 VIA FACSIMILE Mr. John Dorney Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Re: Request for Vested Rights Confirmation - Neuse Buffer Rules Delta Ridge Subdivision Project (Formerly Westmont Village) DWQ -4 980941 Wake County Dear John: Ken Bailey received a copy of your memorandum to Jill Hickey, dated September 25, 1998. Ken was concerned that the memorandum did not indicate that all of the material, particularly the attachments to his letter dated September 4,1998, had been forwarded to Ms. Hickey for her review. If these attachments were not forwarded or if we need to submit additional copies, please let Ken or me know. We want to help DWQ to process the determination as smoothly and efficiently as possible. Also, Ken was concerned about the statement regarding your verification that a 401 certification had not been issued. Ken did not indicate in his submittal that a 401 certification had been issued, and wants to be sure that you did not believe that he had made such a representation. While we have not undertaken an extensive review of the Delta Ridge project, we believe that Arland has a vested right to complete the project based upon various governmental approvals granted or issued prior to July 22, 1997. Arland acquired this project for the purpose of completing it in accordance with the basic governmental approvals in place and with the project's infrastructure (roads and utilities) present. Arland is an out-of-state developer and did not want to speculate on obtaining the approvals necessary to start a project "from scratch." Arland believes that a site specific plan for the property was adopted by the City of Raleigh through the conditional zoning process during the 1984-1986 time frame (Z-59-84, Z-36-85 and Z-37-85). Thereafter, in reliance upon the governmental approvals and permits, the project's infrastructure was installed.(e,g., Delta Lake Drive and Poyner Road). At that time, the infrastructure was sized and designed based upon the overall approved project and complete buildout of the property within the Delta Lake Drive loop. Infrastructure was completed well before July 22, 1997, because a plat showing these roads was ATLANTA / CHARLOTTE / RALEIGH / RESEARCH TRIANGLE PARK / WINSTON-5ALEM OCT-16-98 FRI 12:41 PM WOMBLE &CARLYLE FAX NO. 19197552150 P. 03/04 V"ABLE PF CARLYLE SMDRIDGE & RICE P lA c Mr. John Dorney October 15, 1998 Page 2 recorded in April, 1985. If the Neuse Buffer Rule applies to the project, then the Rule will be detrimental to the project and Arland because the project and Arland will lose three independent building sites in the project. Under the current rules and lower thresholds relating to 444 nationwide permits and 401 certifications, Arland believes that it will need to submit an application for a 401 certification. Arland is willing to honor these new regulations because they will address directly any water quality issues which might arise on the project. Thank you for your kind consideration of this matter, and I trust that if you have any questions or need any further documentation, you will contact Ken or me. Very truly yours, cc: Jill Hickey Ken Bailey WOMBLE CARLYLE SANDRIDGE & RICE A Professional Limited Liability Company John C. Cooke Rh271666.1 P. 04/04 DATE; T0: AUTOMATIC COVER SHEET OCT-16-98 FRI 12;42 PM FAX #; 97889959 FROM: WOMBLE &CARLYLE FAX d; 19197552150 04 PAGES WERE SENT (INCLUDING THIS COVER PAGE) State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 1 ? • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 30, 1998 Mr. Alan Resh Arland Community Development 448 Viking Drive Suite 225 Virginia Beach, VA 23452 Dear Mr. Resh: RE: Delta Ridge Subdivision Vested rights decision Wake County DWQ # 980941 Thank you for the September 29, 1998 fax from John Cook regarding vested rights decision for this project. Your request for vested rights was dated September 4, 1998 but not received in our office until September 16, 1998. The project was reviewed by staff on September 23, 1998 and sent to the Attorney General's office on September 25, 1998 for a decision on vested rights. Until that decision is made, I would advise you not proceed to develop the site since you may be in violation of the Neuse River buffer rules (15A NCAC 213.0233). Also it is not clear whether a 404 Permit and corresponding 401 Certification will be required for this project since the site plans you sent do not clearly depict the stream that the Corps of Engineers confirmed on the site. Any fill or relocation of streams on this site may also require approval from the Corps of Engineers and Division of Water Quality under Sections 404 and 401 of the Clean Water Act, respectively. Again I would suggest that this matter be clarified before development proceeds on the site to avoid potential violations of this law as well. If you have any questions with regard to this matter, please call me at 919-733- 1786. 980941.vst c rel ours, J n R. Dorney cc: John Cook: Womble, Carlyle, Sandddge and Rice Raleigh Field Office Corps of Engineers DWQ Raleigh Regional Office Jill Hickey, NC Attorney General's Office Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper ,, ''I? I,. R r1 R04 -4 (19 1161 P. II I Ohl ?". I(I. oR . ('I'III;) 15. ?). H AN RFSII ('11i0111) JL_d -A- -D C b M _M -U N I 'I' 'i I C V I: 1. r1 1' M r N T FACSIMILE TRANSMISSION Company to., nu ?1 N ?t Ai.tantion: c ( ) I-a-, Number: (.Ili 110i11_ Pa-m-, InClUding Covro.r' If yc.)u have any problom-1 rccPivil)>!, 1lti,; 1'.-Ix, telopl-jon+2 49$-1112. Message: Thn iniorcnation Ir,11ismiIlet I wiIIi 111k f„ ;i1i1iI , ,1vo•r -:11ocI i,: CONI I ) F N I IA1. ANI) LEGALLY P'RIVILFCrf) artrl inh,tlrl<,rl truly fm- 11+, w if thr: im ividiml or rolify namml above. If the rcadvr of this p.1+?? akr i" nut 014' 1n1r11drvi rar:il?ic!nt, you are wilified that: tiny (dissemination, (listHimition or ropy I iw rrf ill ,or .1 ivy poi Ii+.n of this trmisntissinn iS Atrictly prohibited. If ycm have receivert tali ; f.> r:.imil+ in errrrr, plea4e notify us by telephone and return flip. original m+ossar v to p.1; l the alinva mldrr. % via the US Postage Service. I HANK )'()I)! •118 Viking; Drive, Suitc 2,25 • Vilginia lk,wJi, VA %:I.1 .7. - ( IV17) ,198-11 t2 Fax (757) 498-1161 )W IR (11'111j I S: 2 111 !IN RFS11 (;ROM' T1:1 : Rill R0.I r111R- 1161 C 0 ?1 M iJ N I 1 Y I? I: V I 1. i? V N1 1. N T Me rric:yrL-n-ld (J ri I To. CC: Froth.: Date: Re: )lln l uI I I r y Johri Cook, WnriO lir r m Itilli't nclrit]ge. Ni hicr kel-? I t:ti.ll'j, DET;I'7t Ltll ti ;lr;; Nli.i 1'11-' I',I II+'f'lta? Vlr: '.17r1f.; P. 0? l1 ?r f+`111oru ttl) hr lrltr ; r lltr.'rttLr;r '! Ir1:1r:t tit ,your of?rc, Luc wc'tulrl like to I{P.P_17'y/r_tU 1r11t1r'n'li:(l v? iallr i?t _?!_ r+',::: rrtr Ilu'a ploiccl. Tbtvi g not rcccivecl it >rc?spc)rt sc forn t yi.Y11 C:ut ir:i t n i l 1I ; c t u r li tl_cr, wr- hrestuxic t.ltat: you. concur with nttr ccn?tc•1r1?.iottls. 1+tlr :lr?, prr>c•??r,rain?; u?ilh cur irrt?'ncl?rl. [l.rvelu{arricall uL Ilirc t_l?til,o;r lilltilr; rri :I jtll is;clii?l.ictill'_li :'aCl'('?ltt'1. located witEtin afar hri?ji r-t. Tf wc: l lri0t rr 1fic Il tv,l w a irTljYS'teN will require pnor rtOti.{ic?kir.7t1 r?fciialc::r Ilt<? t.arll: , r.. lJ('.I II..NR, w1: will.lareparc and..ubmit. ;t TIC IN. 4119 Viking? Drivc, 5uito 25, - rtcm-h, t' - (75'd) 498-11 P f,ax (757) X198-1161 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 0 )VA NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 25, 1998 MEMO TO: Jill Hickey Attorney General's Office FROM: John Dorn RE: Request for vested decisio - Neuse River buffer rules Delta Ridge subdivision Project DWQ # 980941 Wake County Attached for your review is a request for a decision regarding rights for Delta Ridge subdivision at Raleigh in Wake County. We have examined our records and find no record of a 401 Certification issued for this project. Based on a review of the attached materials, please advise us whether this project has vested rights. Please review the material by October 12, 1998. Thank you for your assistance in this matter. Please call me at 733-1786 if you have any questions. cc: Dennis Ramsey Greg Thorpe Raleigh DWQ Regional Office John Dorney Kenneth Bailey; Arland Community Development 980941.nbrvest.mem Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper l mil` ??1. L i ? r ? C O M M U N I T Y D E V E L O P M E N T September 4, 1998 Mr. John Dorney Division of Environmental Management Environmental Science Branch North Carolina Department of Environmental Health & Natural Resources 4401 Reedy Creek Road Raleigh, NC 27607 RE. PROPOSED DELTA RIDGE RESIDENTIAL SUBDIVISION RALEIGH, NC (THE "PROJECT-) Dear Mr. Dorney: Please find attached (attachment 1) a copy of a Preliminary Site Plan for the above referenced Project, formerly known as Westmont Village, dated May 1, 1996. Two intermittent streams occur within this Project, so indicated by thick dashed lines on the Plan. Both features have been confirmed as "waters of the U.S." by the Army Corps of Engineers and drain southwest to Turky Creek. The intermittent stream located in the northwest corner of the project is shown as an intermittent stream on the most recent Raleigh West U.S.G.S. Quadrangle. The intermittent stream located in the southern portion of the project is not identified on the Quadrangle. As illustrated on the Plan, portions of both intermittent streams have been planned for development for some time now. Since Arland Community Development acquired the Project in June of 1997, the portion of the Project that would have impacted the stream on the northwest corner has been eliminated; however, the need to impact the southerly intermittent stream remains. Since the adoption of the New River Management temporary rule (effective June 22, 1997) the question of the applicability of this rule to the Project has arisen. It is Arland's position that the temporary rule does not apply to this Project for two reasons. Reason 1, Common Law Vesting Soil and Environmental Consultants, Inc., submitted a brief synopsis of the history of this project, beginning when Arland acquired the property, to your 448 Viking Drive, Suite 225 • Virginia Beach, VA 23452 • (757) 498-1112 Fax (757) 498-1161 office on December 31, 1997. This synopsis, however, discusses only the recent history of the Project. Additional history has been provided in the following paragraph's in order for you to better understand why we feel, like Eagle Ridge, this Project should be vested from the temporary rule. In the years between 1984 and 1986, the property was rezoned and the previous owner from the City of Raleigh obtained approvals (zoning approval numbers: z-59-84, 2-36-85 and z-37-86). These approvals were based on a plan (attachment 2) entitled "Westmont Village Apartments" dated May 2,1998. Arland discovered these rezoning approvals and accompanying plan within the past two weeks. The previous owner of the property then authorized the preparation of a Preliminary site Plan that was submitted to the City for review and approval beginning in April of 1996. Copies of the correspondence between Rice & Associates (the engineer) and the City prepared during the review process are enclosed for your review (attachment 3). Before final approval of the plan could be obtained, work was stopped on the Project. When Arland acquired the property in June of 1997, however, the city's review process was resumed. Final approval was obtained August 12, 1997. Copies of this support documentation (attachment 4) are enclosed for your review. Although final plan approval was obtained 22 days after the effective date of the temporary rule, the prior approvals and continued efforts to develop this Project clearly demonstrate a significant expenditure of resources based on statutes and regulations that preceded the new rule. Reason 2, Lack of "Forest Vegetation" As you are aware, the Neuse Buffer temporary rule "only applies to riparian areas where forest vegetation is established in Zone 1." More specifically, subparagraph (3a) of the rule states that "Zone 1 is intended to be an undisturbed forest'. As demonstrated in a letter (attachment 5) from Forestland Management, Inc., the site was timbered beginning in July of 1997. Currently, forest vegetation has been removed from the southerly intermittent stream. Therefore, based on this information, Zone 1 cannot, by definition, be established for this stream, and the placement of buffers along this feature is not applicable. Conclusion From the information provided, it is evident that Neuse River temporary rule is not applicable to the Project, due in part to the considerable expenditure of resources on this project dating back to at least 1984. The lack of "forest vegetation", as defined in a limited fashion in the rule, eliminates possible application of riparian buffers to the southerly stream. As such, Arland believes that based upon these facts, the Neuse Buffer Rule does not apply to the Project. To the extent that other regulations are applicable to the Project, Arland will abide by these regulations unless Arland hears otherwise from DEHNR within 2 weeks of the date of this letter. Arland will assume that DEHNR concurs with Arland's determination that the Neuse Buffer Rule does not apply to the Project. If it is determined that specific federal and state authorizations are required for this activity, you will be notified at the appropriate time. If you have any questions or comments regarding this Project or any of the above information, feel free to contact me. Sincerely, ARLAND COMMUNITY DEVELOPMENT Kenneth W. Bailey Jr. Environmental Director Attachments CC: Preston Howard, NC DEHNR John Cook, Womble Carlyle Sandridge & Rice ? C m 1A I f .17 g ?1 0 n E ??t E _ gl ¦. t E I BINHE? Mll slti ¦¦so 1? ? t€E •t s???lf E, I.. ?!•t11NE1 A fill, t•if ram' ?????. Es l??E.i' R ttls.....3tJl.bit t F? ORDDMNCE NO. (1986) 767 ZC 185 AN ORDnW1CE TO AMEND THE ZONING ORDINANCE OF THE CITY OF RALEIGH 9J-IICH INCLUDES THE ZONING DISTRICT MAP BE IT ORDA= BY THE CITY COUNCIL OF THE CITY OF RALEIGH: Section 1. That Section of the City of Raleigh Ccde, which includes the zoning District Map, be and the same is hereby amended as follows: (a) Hillsborough Street, north side, between Logan Court and Chamberlain Street, being Parcel 4, Tax Map 522, rezoned to Shopping Center Conditional Use District. (Z-23-86) Conditions are as follows: 1. No Off-street parking space will be located in the area between the building and the public right-of-way along Hillsborough Street. 2. The minimum building setback from the Hillsborough curb sha11 be 18 feet, or behind the right-of-way line, whichever is greater. 3. Street trees shall be planted along Hillsborough Street at the rate of at least one tree every 25 feet per linear street frontage along Hillsborough Street. 4. Sidewalk materials shall be brick, and sidewalks shall be designed in accordance with the Com =dty Plan dated September 1, 1985. 5. The height of the building shall not exceed 25 feet. 6. All signage will be in conformity with sign ordinances and regulations as may prevail at the time of installation. 7. Only those uses allowed in Buffer Commercial District with the exception that outdoor seating will be allowed, and the maximan gross floor area allowed shall be 5,500 square feet per floor. (b) Delta Lake Road, north, west, and 268, Tax 376, rezoned District. (Z-37- Conditions are as ollows: and south sides, being Parcels 267 to Residential-15 Conditional Use 1. Tract E - 14.25 acres - 172 units maxim= 2. Tract F - 31.37 acres - 228 units maximum 3. No buildings or parking within 100 feet of west property line of Parcel F according to map on file in the City of Raleigh Planning Department (referred to as Exhibit A) 4. No building or parking in West 375 feet of Tract E according to map on file in the City Planning Department (referred to as Exhibit A) 5. No buildings in excess of 3 stories in height on the Tracts E or F 6. The map on file in the City of Raleigh Planning Department describing items 3 and 4 above would be a part of this conditional use request. This map is described as Exhibit A Rezoning Exhibit and prepared by Murphy/Yelle Associates. f } 1 t Iii Oil Jill ?I r (1 I p ? 11r?,? I / / jar I?h. ? ? `I ?• l iil ? _? L ALT MN ?'??+'?. wow. Section B SUMMARY INFORMATION (SHOW ON PLAN ALSO) DEVELOPMENT NAME: WtST M°?r tL?'O'UC TRaC? 17 LOCATION: ?-A144?5 PV`?/`'? r Ro P42.6 A InuSIQr r-00 t7 WAKE COUNTY PROPERTY 1NDENTIFICATION NUMBER(S): P.l.N. Pill. P.I.N. P.I.N. 07 8(v-to -toy- -z3g3 CITY USE ONLY: RECEPT WABER FL.E NUMBER PLANNNO DISTRICT CAC DISTRICT TYPE Pill. pill. P.I.N. ZONING DISTRICT (Include Overlay Districts): CZ-? b TOTAL ACRES 25 - IoZZZ TOTAL NUMBER OF LOTS PROPOSED: l O AVERAGE LOT SIZE: _?Pt3S2 MINIMUM LOT SIZE: Soac7 N part of an approved subdivision, NAME, PHASE AND LOT NUMBER OF SUBDIVISION: OWNER/ DEVELOPER: RI-v E ADDRESS: 3-2 ATc? TELEPHONE: Sao - Aq 3 3 PREPARER OF PLAN: ADDRESS: Co G 61R TELEPHONE- 133 f32gq CONTACT PERSON StiG v G INSIDE CITY LIMITS Yes lejilo _ 9-1067LO peveL:ge t-r_.vT- co ?Nrkl. OA.Iy4 , 5V ITS IZZ FAX: St o - 4 q ti'i flSSoG? y1L`? F?NSV I i?? R- - - GQIQ Y _ FAX. Z 3 3- 9 of q F-LC E PHONE 231- SFCt FAX 233-'\ 0 t9 INSIDE FLOOD HAZARD BOUNDARY Yes _No --1,Z (Call Conservation Inspections at 690-3767) CALCULATIONS FOR DENSITY TRANSFERS (10-2074) N density transfer Is desired from extra thoroughfare tight-of-way, instead of reimbursement: AREA IN RIGHT-OF-WAY DEDICATION (SO. FT.) EQUIVALENT DWELLING UNITS TO BE TRANSFERRED INSIDE FALLS LAKE, SWIFT CREEK DRAINAGE AREA Yes No LINEAL FEET IN STREETS AND ACREAGE in dedicated street RM/; Thoroughfare 4 32-5 LEO III H too 5- V7- Other OWNER'S SIGNATURE In tiling this plan efther by myself as the property wrd ugh my y a orized agents, We do hereby ogres and firm y bind ourselves, my/ourheirs, executors, admix u assigns intyand severally to construct allimprovemants and make aA dedications as shown on Ptgsfte ove y )Cou Date Signed 6 zC2z/ Alt P16 R r `?L c?vr Form Revised February 15. 1995 2 Subdivision Application C I T Y OF RALEIGH, N. C. Development Plans Review Center \ P. 0. Box 590, Raleigh NC 27602 Tel: (919) 890-3642 FAX: 890-3690 ** DEVELOPMENT PLANS REVIEW GROUP COMMENTS ** TO: Steve Rice @ Rice Assoc., 233-8999 (FAX 233-9019) PROJECT: Westmont Village South NUMBER: S-49-96 DATE: 4/10/96 PLANNER COORDINATING REVIEW: Greg Hallam PLEASE RESPOND BY: Thursday, 4/17/96 PLEASE INCLUDE THE FOLLOWING MATERIALS: Submit four (4) sets revised plans. PLEASE NOTE THAT IF YOU RECEIVE THESE COMMENTS BY FAX, MARKED-UP PLANS ARE AVAILABLE FOR PICK-UP IN THE DEVELOPMENT PLANS REVIEW CENTER, ROOM 307 OF THE RALEIGH MUNICIPAL BUILDING. When you return revised plans, please bring them to Beth McFarling, Development Plans Review Center, Room 307. She will forward them to your coordinating planner. Don't forget to include mark-up sets. Thanks. The attached comments printout lists items that have been noted by the Development Plans Review Group as needing revision, and / or additional information before a recommendation of approval for this project can be made, or administrative approval can be granted. The following staff members are contacts •to call if you have specific questions about comments that are listed for the workgroups noted on the print-out: PLNRV (Plans Review): P_UTIL (Public Utilities): CONSER (Conservation Inspections): TRANS (Transportation): ZONING (Zoning Inspections): C_ENGN (Central Engineering): Coordinating planner noted above Jay Gibson, 890-3400 Mike Johnson (890-3767) or Bill Brower (890-3766) David Thompson, 890-3430 Ed Frederick, 890-3743 Marty Bizzell, 890-3030 Rice & Associates Civil Engineering & Planning April 18, 1996 Mr. Greg Hallam City of Raleigh Planning Department P.O. Box 590 Raleigh, North Carolina 27602 Re: Westmont Village South (S-49-96) Raleigh, North Carolina 1' Review Comments Dear Mr. Hallam: We are submitting for your approval four sets of revised site plans for the Westmont Village South project. We have revised our submittal package to include sheets SP-0, project boundaries and details, SP-1, the preliminary plan and SP-2, the proposed grading plan. We have addressed the review comments with the following notes or revisions: PLANNING COMMENTS: 1. We have provided bold lines indicating the three sections of the proposed project. PUBLIC UTILITIES COMMENTS: 2. Blow-off assemblies are the same size of the mains. 3. An additional water tap in Poyner Road is shown on the plans. CONSERVATION COMMENTS: 4. Storm drain easements have been added as requested. CENTRAL ENGINEERING COMMENTS: 5. Existing sidewalks have been shown on plan. 6. Sidewalks have been shown on plan for 31' B-B streets and the sidewalk is shown in 4he typical street sections on SP-0. 108 Greensview Drive 9 Cary. North Carolina 275 11 • Telephone (919) 233-8999 0 Fax(919)233-9019 FROM RALEIGH PLANNING DEPARTMENT e4.24.1996 12=33 P. 1 CITY OT RALZXGB, N. C. Develo went it ?P1 __RM33ex center P. . eoz 90, Raleigh; 2 Tels (919) 840-3642 Mks 890-3690 * * DSVEI,OPXM PLANS RBVIEw GROVp COMMMS * • TO: Steve Rtce @ Rice i Assoc., 233-8999 (FAX 233-9019) PROJ8CT: We tmont Village (Townhomes, South, and North) NZJ?tBBR8 S-4 -96, S-49-96, S-50-96 DAM 4/24/ 6 PL SR C00 INATING REVIEWS Greg Hallam PLEASE RNSPO BYs Wednesday, 5/1/96 PLZ18E INCLUOR THE FOLLO'ixr. MATERIALS= Submit three(3) copies of the revised plan, four(4) copies of an 8?" z II" reduction of the plan plan( (sheet SP-sheet 1 , and eighteen(18) Copies of an 11" z 17" reduction of the ?P-1). PLEASE NOTE TAT IF YOU RECEIVE THESE COMMENTS BY FAX, NARKED-Up PLANS ARE AVAILABLE FOR PICK-UP IN THE DEVELOPMENT PLANS REVIEW CENTER, ROOM 307 OF THE RA?ZIGH MUNICIPAL BUILDING. When you rat1rn revised plans, please bring theca to Beth NCFarling, Development P ans Review Center, Roost 3076 She will forward them to your coordin ting planner. Don't forget to include mark-up sets. Thanks. The attached omments printout lists items that have bean noted by the Development lane Review Group as needing revision, and / or additional in oramation before a recommendation of approved for this project can made, or administrative approval can be granted. The following sta f members are contacts to call if you have specific questions abo4t comments that are listed for the workgroups noted on the print-outs FV (Platte Review I C P UT14 (Public•Utilities)s J CSSER (Conser?&tion Inspections): N TRANS (Transpo tation)s D LONIN (Lopiog Inspections)r g, C ENGH (Contra Enginesring)s a, orCina'tiug planner noted above yy Gibe n, 890-3400 ke JohAson (890-3767) or 11 Brer (890-3766) "h P vid T ion, 890.3430 Freds ick, 890-3743 My 8112911, 890-3030 51101SIA3N u«-rro-6a +•t rrw-wr•w +.•vt•rt ?'pr 4a L JOLT oupaO? 4410111 '45 161oY = 1-dS aYON MAN tO 3AINa 3NYl Y1130 /rru •nw•a a•w'a•n ••Nt..N..••y 001 do TTt •4nS'*AVa Iou-NON ?TLS - olommoNwvua Nt''ld 311S ,k8VNlHll38d 30V_I?IA 1NOMS3M lulltuom it Ou,Awullul Ima C? '00 aNY1 30ala 3me 1N3Y4dOl3A3a IYILN3aIS3tl 88lH1DU66V V 30121 AI • .1 Tr •nl UW w UM r,11Y, w ww. wwr• r a •,ny r•rw. wi •.w w.n v.U rw..,w • au wr. Ui.?"?'iin?i'wn+•w1O1r•??w•m•,ir ww 0061 '1 Ar11 . 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A , - ' YQ v?' • Q '' ?" ; 1 l?li 9Lte(td,, °? ^ -. • + { f ' R CO h s` r t_.. A i ! CJ7J ??d Il q A6 _ - dy`u'i (J1' Y' on- ` ! t• ??\ \ ` y ? '?'Arf;?' - ;'?r / at ? I? r? ,p„ .. ,W .:I. 1 ?1{ 1 .?t?r' 1 -, ? 1t •.,?_1hRRq ?\_ ??;! / . o f / ? ® •' r •O. ;\"? N1? , ,? `,i ? `1, ;. ...rJNlrOre 1'. I Ot % _ ?/ 1 `"!C.,'C^glitt?. h.,+, / _. rte'`, M , ,.-' I ? ,r / Rq "60 ?' _ J 1 ? '- --?°------'1 I I` ? I •-J.-'-•11•yR??`'??"?;,Zi? M i « "f ,...___.y 1-' Ji I' /?tlYppgbR 1 1 1 1? {I -'. I® I ` ,T.- k / / Y A v J tlgBtlq ?i ?' RHRIHR1IR 1gugR14m '? 1 ?y r= ll l 1 i - 'j '•1 ;,c..,.r l W 1{?' \' ?• i?-°9 I 12 i 1'1 ''' -?'-f" =5-- ;, ..-,? 6srot6; r••q. '`1- ., ,,?i??- f ` 1l ' ? / .? J % p:..d?-??F1+'+??!i'° '101 QNV it .t_._ _ ..1 ; - -rte 066.. ?`' i ..."aro'•w. ww' ?f•,. ,1`, 0' 1; 61, 0 ISO t, p o ;, ;' i 1 V/d 1 \ o \ -' /' a, Rice & Associates Civil Engineering & Planning April 30, 1996 Mr. Greg Hallam City of Raleigh Planning Department P.O. Box 590 Raleigh, North Carolina 27602 Re: Westmont Village, 2' Review Comments (S-48-96), (S-49-96), (S-50-96) Raleigh, North Carolina Dear Mr. Hallam: We are submitting for your approval three sets of revised site plans for Westmont Village. In addition, we are transmitting with this letter, four copies of an 8 '/2" x 11" reduction and eighteen copies of an 11" x 17" reduction. We have addressed the review comments with the following notes or revisions: PLANNING COMMENTS: 1. A 50' wide public right-of-way extending from the proposed cul-de-sac to the western property line has been added to the Westmont Village North section. PUBLIC UTILITIES COMMENTS: 2. A fire hydrant has been added and the water line size changed to 6" at the cul-de-sac in the Westmont Village South section. ZONING COMMENTS: 3. Street yard trees at 50' intervals have been shown along Poyner Drive. A note has been added to the plan that the final landscape plan with VSA shrub locations must be submitted prior to obtaining a building permit. No markups are returned as we did not pick them up. Should you have any additional comments, please advise. cc: Mr. Tomlahill, Blue Ridge Land Co. 108 Greensview Drive • Cary, North Carolina 27511 9 Telephone (919) 233-8999 0 Fax(919)233-9019 Very truly yours, t I f -AI All fit / I/.?• I _ J -III ,'? /r /. ' ? ? (? f L 1 flMN/n ?!1'tiri? 1 mrpu • '1. 11/rrpY IN J 111l1 il?IIN.?• n..NY, 111 • ¦ NlyMM :Z.tY , r4 • s 1N111. !¦ ly{,{ Ih/NNp uuK1r A u ? S (( .11141M/1 to II r J r t f! t f l j) Y srii w p Q -cx S! W +•?' Z 3 a $1 tn w ¦ h Q? ¦ Vw R uli N" Qs ?J • Zv W aI r ra I21 d J V n r 4 U 'tt A C I T Y OF R A L E I G H, N. C. Development Plans Review Center P. O. Box 590, Raleigh, NC 27602 Tel: (919) 890-3642 FAX: 890-3690 ** DEVELOPMENT PLANS REVIEW GROUP COMMENTS ** TO: Rice and Associates, 233-8999 (FAX 233-9019) PROJECT: Westmont Village NUMBER: S-72-97 DATE: 7/17/97 PLANNER COORDINATING REVIEW: Greg Hallam PLEASE RESPOND BY: 7/25/97 PLEASE INCLUDE THE FOLLOWING MATERIALS: Submit four (4) sets revised plans. PLEASE NOTE THAT IF YOU RECEIVE THESE COMMENTS BY FAX, MARKED-UP PLANS ARE AVAILABLE FOR PICK-UP IN THE DEVELOPMENT PLANS REVIEW CENTER, ROOM 307 OF THE RALEIGH MUNICIPAL BUILDING. When you return revised plans, please bring them to Beth McFarling, Development Plans Review Center, Room 307. She will forward them to your coordinating planner. Don't forget to include mark-up sets. Thanks. The attached comments printout lists items that have been noted by the Development Plans Review Group as needing revision, and / or additional information before a recommendation of approval for this project can be made, or administrative approval can be granted. The following staff members are contacts to call if you have specific questions about comments that are listed for the workgroups noted on the print-out: PLNRV (Plans Review): P_UTIL (Public Utilities): CONSER (Conservation Inspections): TRANS (Transportation): ZONING (Zoning Inspections): C_ENGN (Central Engineering): Coordinating planner noted above Cesar Sanchez 890-3400 Mike Johnson (890-3767) or Bill Brower (890-3766) David Thompson, 890-3430 Ed Frederick, 890-3743 Marty Bizzell, 890-3030 Rice & Associates Civil Engineering & Planning July 23, 1997 Mr. Greg Hallam City of Raleigh Planning Department P.O. Box 590 Raleigh, North Carolina 27602 Re: Westmont Village (S-72-97) Raleigh, North Carolina 1'd Review Comments Dear Mr. Hallam: We are submitting for your approval four revised site plans for Westmont Village. We are also enclosing a copy of a composite print of FEMA Flood Plain Panel 307 with a plot of our site plan at the same scale as the FEMA map. We have addressed the review comments with the following notes or revisions: UNTITLED COMMENTS: 1. The owner is aware of the requirement for construction plans to be prepared and approved for streets and utilities prior to recording any plat for this subdivision. 2. The lot numbers were changed as requested. 3. A note was added (#4 under General Notes) stating that a 5' maintenance easement is to be recorded on the adjacent lot. 4. The Site Data Table was amended to provide Open Space Calculations. The developer proposes to dedicate the open space as greenway since all of the proposed area grades are greater than 8%. 5. We have requested a list of street names from the developer. They will be provided with the next submittal. 6. Sidewalks were added to the site plan as requested. PUBLIC UTILITY COMMENTS: 7. The size of the existing sewer feeding Section 2 has been labeled and deed references have been added to all existing easements. IOg Greensview Drive 0 Cary, Nonh Carolina 27511 0 Telephone (919) 233-8999 9 Fax(919)233-9019 h` C I T Y OF R A L E I G H, N. C. Planning Department, P. O. Box 590, Raleigh, NC 27602 www.raleigh-nc.org\planning\plandprc.htm (919) 890-3125 ** NOTICE OF PRELIMINARY PLAN DECISION** TO: Arvista Comunity Development\Rice & Asscociates PROJECT: Westmont Village FILE NUMBER: S-72-97 PLANNING COMMISSION ACTION: Approved DATE OF ACTION: 8/12/97 COORDINATING PLANNER: Greg Hallam Actions of the Planning Commission: The Planning Commission approved this plan according to a map drawn by Rice & Associates, dated 7/23/97. Administrative Conditions: Conditions that are to be met prior to approval of construction drawings: 1. That by separate City Council action, the proposed sanitary sewer easement exchange for Section 1 be approved; 2. That a flood study for the proposed cul-de-sac street located within the floodplain, Section 1, be reviewed and approved by the Conservation Engineer in the Inspections Department; Conditions to be met prior to Planning Department authorization to record lots: 3. That 5-foot maintenance easements and party wall agreements be approved by the City Attorney and recorded for the side yards of these zero-lot line developments. 4. That street names for this development be approved by the Planning Department and by Wake County; 5. That the greenway easement shown on the preliminary plat be dedicated prior to, or in conjunction with the recording of a preliminary plat in any phase affected by the greenway; 6. That the City Attorney approve the homeowner association documents for the cluster unit development; and 7. That an instrument be approved by the City Attorney and recorded for Section 1 to comply with Raleigh City Code Section 10-3071(b) (9)b. Please do not hesitate to call me or the planner coordinating the review of your project at 890-3125 if you are unsure of how to satisfy conditions, or you have any other questions about this preliminary plan. Sincerely, Daniel A. Howe, ASLA, AICP Subdivision Administrator Dccember 1, 1997 Alan Resh Group 448 Viking Dr.. Ste. 200 Virginia Beach. VA 23452 Dear Mr. Resh: In refcratce to our November 25, 1997 c,,)r%,rrsat!on. the pto; _ct oa i)clt:. Lakc Road began on July 7, 1997 anal was completed on Sep:ea!bc; 9, 1997 If I can be of any other assistance, picase'-ct me 1--ow ccr urs, C narles R. Jackson President Domestic and International Consulting Forestry 4901 Waters Edge Drive. Suite 204 • Raleigh, NC 27606 • (919) 851-9337 • (800) 535-0769 • Fax (919) 651.9390 2:- NT A A J W C O M M U N I T Y D E V E L O P M E N T I EWETIA DS GROUP I ? .. WATER QUALITY Spl, Memorandum To: John Dorney CC: John Cook, Womble Carlyle Sandridge & Rice From: Ken Bailey Date: 09/29/98 Re: DELTA RIDGE; NEUSE BUFFER VESTING 0alc,( As a follow up to our September 4 letter to your office, we would like to keep you informed of our progress on this project. Having not received a response form you concerning our letter, we presume that you concur with our conclusions. We are proceeding with our intended development of the upper limits of a jurisdictional stream located within our project. If we determine that our impacts will require prior notification of either the Corps or NCDENR, we will prepare and submit a PCN. 448 Viking Drive, Suite 225 • Virginia Beach, VA 23452 • (757) 498-11 12 Fax (757) 498-1161