19980877 Ver 1_COMPLETE FILE_19980804

Environmental
Consultants, Inc.
Raleigh, North Carolina 27609 • Phone: [phone] • Fax: [phone]
Web Page: www,SandEC-com
MEMORANDUM
TO: John Dorney - DWQ
FROM: Kevin Martin
DATE: October 25, 1999'
RE: SR 1010/Kildaire Farm Road
(Millpond Pond Village Job #3400)
Your letter dated 10/ 15/99 to Harlan Britt
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The purpose of this memo is to follow up on our phone conversation on
Friday. I believe the project you referred to in your letter (DWQ #980877)
is the same as your project DWQ #981188 (Rebecca Layman, Millpond
Village) for which you have already 'issued a 401 dated 12/10/98. I
believe the confusion occurred because Mr. Britt was handling the Neuse
Butler Determination on the site while we handled permitting.
Therefore, we do not believe it is necessary to respond further to your
10/ 15/99 letter. Please call if you have questions or need further
information.
Cc: Harlan Britt - Kirnicy Horn
Wetland Delineation/Pennitting/Mitigation SolVSlte Evaluations On-Site Septic Systems Environmental Assessments/Audits
N4iise Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Branch ()dire: 25 North College Avcnuc • Newton, NC 28658 • Phonc: (828) 40-7404 - Fax: [phone]
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 Iffl'?WA
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 15, 1999
Harlan Britt
Kimley-Horn Associates
PO Box 33068
Raleigh NC 27636-3068
Dear Mr. Britt:
Re: SR 1010/Kildaire Farm Road
Wake County
DWQ # 980877
On January 11 1999 the Division of Water Quality sent a letter stating your
project was on hold since seven copies of the PCN application form and a location map
was not provided. To date, we have not received the mentioned information regarding
this project.
As stated in the January 11 letter, we needed the information within two weeks of
the date of the letter or we would withdraw the project. Since the requested information
was not received, we have considered this project as withdrawn. If you would like to
continue with the project, you must send seven copies of the PCN application and a check
made payable to the NC Division of Water Quality.
If you have any questions, please contact Cyndi Bell at 919-733-9721.
qn ,
R. o ey
cc: Raleigh DWQ Regional Office
Raleigh Field Office Corps of Engineers
John Dorney
Cyndi Bell
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10°o post consumer paper
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
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 11, 1999
Harlan Britt
Kimley-Horn and Associates
PO Box 33068
Raleigh, NC 27636-3068
Dear Mr. Britt:
Re: SR 1010/Kildaire Farm Road
Wake County
DWQ # 980877
The Division of Water Quality has reviewed your submittal for a 404/401 Permit for a project
located at SR 1010 and Kildaire Farm Road in Wake County. Your application was not complete since
seven copies of the PCN application form was not received. Please provide information regarding the
location of your project. This information is needed by DWQ in order for us to decide whether this
project is approvable. If we do not receive the requested information within two weeks of the date of this
letter, we will consider the project as withdrawn.
I can be reached at 919-733-1786 if you have any questions. Until this information is
received, I will request (by copy of this letter) that the Corps of Engineers place this project on hold.
Also, the project will be placed on hold for our processing due to incomplete information (15A NCAC
2H.0507(a)(4)). Your processing time will begin once we receive a complete application.
Attachment
cc: Raleigh DWQ Regional Office
Wilmington District of Corps of Engineers
Raleigh Field Office Corps of Engineers
John Dorney
Central Files
Sincerely,
Jo R. D
o
Wier Quality Certi is ion Program
980877.hld
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Kimley-Horn
and Associates, Inc,
July 30, 1998
Mr. John Donley
N.C Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Dear John:
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FUNDS GROUP ,r P.O. Box 33068
UAItTY Raleigh, North Carolina
W,TER 27636-3068
I have been asked to work on the project located at SR 1010 and Kildaire Farm
Road in southwest Cary. This is the site with the pond in the middle of the
pasture and is one that you and Greg Thorpe visited after Preston and I were
there in early June.
According to Kevin Martin, the regional WQ staff visited the site and made a call
that there is an intermittent stream originating in the middle of the pond directly
opposite the forest vegetation on the eastern shore line of the pond. To say the
least, that appears to be an unusual call since the stream can not be seen. I would
like to know your thoughts are on where the buffer rule applies related to this
site. I can't help but believe that because there is vegetation on the eastern side of
the pon , a e a biased decision to say the stream began at that point.
I suggest the first place the stream can be identified is at the downstream end of
the spillway pipe. From that point, the stream bed and other stream
characteristics are identifiable. I believe that is a more reasonable and defensible
position for the Division to take and is in keeping with what I perceive to be the
division's policy. In addition, the pond has less than 25 acres of watershed and
the stream does not show the Wake Count Soil Survev map. I know that
at this point in time, the soil maps an e acreage is not in rule or policy.
However, in this case, I think it adds additional support for our recommendation
on this intermittent stream.
The issue which needs to be resolve is how to best use the pond and surrounding
land to meet and exceed water quality requirements for the proposed project and
not be in violation of the Neuse buffer rules. The client is dedicated to making a
strong statement of environmental support and may be willing to invest in
wetland creations that are integrated into the development. I believe that we have
an opportunity to use the pond for storm water treatment and to build a wetland
system at the head of the pond as an educational and landscaping feature if we
can work out the buffer issues.
¦
TEL [phone]
FAX [phone]
Kimley-Horn
and Associates, Inc. Mr. John Uorncy..luly. 30. 1998, Page 2
There are several different designs that can be constructed and are under
consideration. First, the pond will have to be drained and a new spillway system
installed to manage the design storm water. The stream can then be re-directed
to an excavated channel through the middle of the pond. This will then allow the
establishment of a new buffer regime. The existing trees around the pond could
then be removed and a new pond shoreline and subsequently a new buffer
established. The storm water pond then could be placed into service and the
pond would be refilled with the surface elevations being established by the
spillway system.
A §econd option could be to rebuild the spillway and excavate the area around
the trees on the eastern shore through the non buffer areas creating an island
effect with the trees being in the pond on high ground. This would be more
costly and certainly would not as great a benefit to the environment as other
options may be.
A third design option is the preferred. Clearly there is an argument that the
intermittent stream begins at a point below the existing pipe outlet. This is the
first place where there is agreement that an intermittent stream actually exists.
With this being the case, the trees that need to be removed and the re-grading
along the eastern shore can be conducted and a wetland system designed and
installed along the shore that would provide for an improved ecosystem. This
wetland would be in addition to any requirements for storm water retention.
1 would like to know your thoughts on the site and if you can agree that a
reasonable solution for this project would be to take the clear defensible position
that the intermittent stream begins below the discharge pipe. In addition, the
pond has less than 25 acres of watershed and the stream does not show up on the
Wake County Soil Survey map. 1 know that at this point in time, the soil maps
and the acreage is not in rule or policy. However, in this case, I think it adds
additional support for our recommendation on this intermittent stream question.
I believe this is a excellent example of a developer desiring to do more than the
minimum required to protect and enhance the environment and an opportunity
for the Division to once again apply a common sense approach to the buffer
rule's administration.
This project has several key milestones quickly approaching. While I understand
your schedule, would it be possible for you to call or send me an e-mail next
week and give Inc your thoughts on the buffer application as it relates to this site?
1 would be extremely grateful if you can work this into your schedule. My
thinking being, since you have already visited the site, you may have already
made a decision about this site. My e-mail address is hbritt?r?kimley-horn.com
and my phone number is 677-2209.
Kimley-Horn
and Associates, Inc.
Mr. John Dorncy. July 30. 1998, Page 3
Thank you for your consideration to my request and for the cooperation and
courtesy that you always have extended.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Harlan K. Britt, PE
Sr. Project Manager
Cc: Ted Powell
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