19900066 Ver 1_complete file_19990628

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1k1?AJ
/ •
,76110 A
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 28, 1999
Mr. Skip Browder
Town of Clayton
P. O. Box 879
Clayton, NC 27520
Re: Bennington Place; DWQ # 990006
Dear Mr. Browder:
The Division has reviewed the information you sent in to support the requested road crossing for the
Bennington Place subdivision in Clayton. Since the proposed road crossing will lead to an existing
road in the adjacent subdivision, we are prepared to issue the 401 water quality certification and
Neuse River riparian buffer approval, provided that the Town of Clayton guarantees that the roads
will be connected within one year of the 401 approval and not left as a stubout to be connected later.
If the roads are not connected and made passable by that time, then your argument for the connection
is invalid and the Town's subdivision regulations would be violated.
The owner / developer of the property will need to submit the appropriate 401 water quality
certification application (attached) and $275 application fee. If the Town ensure that the roads will be
made passable within a year, the Division will issue the 401 water quality certification upon receipt of
the application and fee.
Please contact Pete Colwell or myself at 919-733-1786 with your response to this condition and any
further questions regarding this matter.
+Sierely,
rney
s / 401 Unit
Cc: Steve Mitchell, Raleigh Regional Office
Four Oaks Bank and Trust Company
Keith Roberts, Blackburn Consulting
Pete Colwell
File
Wetlands / 401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
Ph.
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NCDENR
Division of Water t
4401 Reedy Creek ]
Raleigh, NC 27607
RE: Bennington Subdivision
Clayton, North Carolina
DWQ# 990006
Attention: Mr. John Dorney
1 CONSULTING ENGINEERING
234 E. Main Street
ton, North Carolina 27520
553-2900 Fax[phone]
March 31, 1999
14 ea?N'^?c
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D ear Sir:
Thank you for responding to the issue of the stream crossing at the Bennington Subdivision which is
currently under construction in Clayton, North Carolina. In your letter dated February 22, 1999 you
indicated that there were alternatives and that the street crossing should be avoided. However, another
issue is the crossing of the proposed water line. The contractors are currently in the process of installing
the water line in the subdivision. It would be appreciated if you could make your recommendation on this
matter as soon as possible.
Thank you for your assistance in this matter, If you have any questions regarding this letter or if we can
be of any further assistance please do not hesitate to contact us.
Sincerely,
Blackburn Consulting Engineering
2ith TRoberts,, P .E.
NC Reg. No. 2378
r

TOWN OF CLAYTON
PLANNING AND INSPECTIONS DEPARTMENT
P.O. BOX 879
J. L. "SW' Browder, AICP CLAYTON, NC 27520 Dan Schwoeble
Planning Director Chief oflnspections
[phone] ext. 208 Fax [phone] [phone] Fax [phone]
Inspections Staff.-
Janet R. Batten Duke Hockaday Cindy Lane
Planner Q . `k Robert Yarborough Joe Hester
(910553-5002 exL 209 Fax 553-891 [phone] Fax [phone]
May 3, 1999
Mr. John R. Dorney
NCDENR
1101 Reedy Creek Road
Raleigh, NC 27607
Re: Bennington Place, Johnston County DWQ 4990006
Dear Mr. Dorney:
I am writing in response to your decision regarding a proposed stream crossing in the
above referenced subdivision, as submitted by Mr. Kevin Martin.
This proposed stream crossing was required by the Town of Clayton in approval of the
preliminary subdivision plan in May 1998. The crossing would connect to an existing
right of way and provide a secondary access point to this proposed development of 82
residential units. Without this connection the development will be served by a single
dead-end street system over 1500 feet in length, which not only violates the Town's
Subdivision Regulations but also creates the potential for major problems in terms of
emergency services provision. It should also be noted that this proposed crossing
facilitates connection of a water main for fire protection purposes and it is located in a
common open space area (to remain in a natural state) of three acres and two hundred feet
in width.
We would respectfully request that you reconsider this decision to not allow this crossing.
It is our opinion that the public safety aspects of this street connection are justified with
minimal, if any, long term environmental damage. We will assure contractor compliance
with best management practices in construction of the crossing to minimize negative
impact on water quality.
Thank you for your prompt consideration of this request and we look forward to your
response. If we might provide additional information or be of any assistance please
contact my office at [phone], Ext. 208 at your earliest convenience.
f
AS ly ?g4o?tt
Browder
Assist. Manager/Planning Director
JLB/bs
Cc: Town Manager
Public Works Director
Keith Roberts, Blackburn Engineering
State of North Carolin-- .
Dapartment of Envrol
i and Natural Resource t' r
Ci4ision of Water Quality o- Ott ?,.?,?,.•
l •?
-ok
a-ties B. Hunt, Jr., Gover r
JICDENR
Wayne McDevitt, Secretary
, M- "MENT Or
i' A. Preston Howard, Jr., P.E., Director EN DUR ES
February 22, 1999 ~~j
I FEB 2 6 09.9
4r. KGVin Martin t1 ??
11
Soil and Environmental Consultants
244 W. Mi.llbrook Road
jI
Raleigh, NC 27609
i
Dear Mr. Martin:
i i
Re: Bennington Place road grossing
i ; Johnston County
I i DWQ # 990006
{ ! D v Q staff has reviewed your request for an opinion with respect to the .Neuse
Rivto. bufftrr roles (15A NCAe: 2B.0233) for the northeizi most, second entrarce to this
proposed subdivision. Based or, the information you submitted, DWQ cannot approve
i this a practical alternative- narnely, the subdivision entrance off of SR 1583 can be
Please call me at 919-733-1786 if you have any questions.
S erely= "
lip
Joh R. Dorney
,I•
{ j cc: Danny Smith, DWQ Raleigii Regional Office
I I C:er<trai Files
{ Keith Roberts. Bll.kburn E:nQi=-,ring
4'aciacdsrd0. i.'nit 4401 Reedv Creek Road RaleiZh, North Carttiina 27607
! I Telephoaa 919-733-17&6 FAX # [phone]
Ar• E-gaal C`pportuiitfp j!K,rrl1 } Attlnn g .iployer 30% tecycled/1.6%.puat comwaier paper
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Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina. 27609 ¦ [phone] ¦ Fax [phone]
Application and therefore does not
require an application fee.
MEMORANDUM
John Dorney, DWQ Wetlands
Kevin Martin, Soil & Environmental
RE: Bennington Place
The purpose of this memo is to request your office's opinion regarding
"practical alternatives" for a road crossing of an intermittent stream that
is subject to the Neuse Basin Buffer Rules.
S&EC and the project engineer believe the stream is subject to the Buffer
rules but, DWQ field staff have not visited the site and determined that
the stream is subject to The Neuse Basin Rules. At this time, we are only
requesting your opinion on the northern most road because the rest of
the plan is not finalized. We realize that depending on the final site plan,
additional wetland or Neuse Buffer issues may need to be addressed.
We are not submitting a request for a wetland permit for the subject road
crossing at this time because we believe the crossing violates the Neuse
Buffer Rules. Specifically there is a practical alternative: Do not build
the road.
The Project has adequate site access via SR 1583 (Daisy Road) and does
not need this road. The road will only connect to an existing subdivision
(Clayton Estates). The road is only desired by the Town of Clayton for
"connectivity". The town has also mentioned that a waterline would need
to cross at the proposed road location but the project engineer has
confirmed that water could be brought in without crossing the buffer.
Please advise us in writing that you concur that construction of this road
would violate the current Neuse Basin Buffer Rules since a practical
alternative to its construction exists.
Owner/Agent Authorization Form attached
USGS and Soil Map attached
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
DATE: January 12, 1999

Soil, & Enviironme?tal Consultants, Inc.
244 West Millbmiok Roads Raleigh, Ntuth Carollm 27609 ¦ [phone] hM pax (919) 94&9467
- AGENT AUTHORIZATION FORM -
AL.NKJ..TQ F F-b IN AX.GU RENT NDQWN-ER
Name: FOUR OAKS BANK & TRUST COMPANY
Address: PA- BOXi n,3 ???•w ,rwr.r?.ww'
Address: P
Phony 91g-8g -5iJ77_
Iwrlw??l -wrM??
Project NQrr*1be6crip0an; BENNI, LYON PLACE
Date: , 8-25^98
The Department of the A(My
u.S, Army Corps of 11.nglneem
Wilmington District
PO Box I Soo
Wiiminaton, NO 28402
Attn:
0ield afncr:
Re: Wetiandx Related Consuitinq and POrtttitting
To Whom It M4Y COMM:
t, the current proms owner, hereby designate and authorize $011 and VIVIronmentel
Consu!tents, Inc. to art in my behalf as my agent In the proo"ng of pef t appilC40Gn$, to
furnish upon request supptemenw lMormation In supp9ri of applications, mic. fromiAis day
forward. This, the 25,,` day of -E l
'".'his tsotificatinn supersedes any previous sxrreepondeno!? cancem'nq acovit for this pfolect.
FOUR OAKS A & TRUST COMPANY, BY,
r
SOUR OAKS BANK & TRUST COMPANY
-P tt Owners Name: kgsbfi owners Signature:
r1U..7. e.. -=' _1 r, 1. 1-":'H,•i _Ur. UHY _- bHI`1K -- ---.--- NO .2%12 P 2/2
BLACKBURN CONSULTING ENGINEERING ?Y
PH. [phone] FAX [phone]
234 EAST MAIN STREET CLAYTON. NC 27520
COVER SHEET
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9198469467 S & EC PAGE 01
Soil. & Environmental Consultants, Inc
244 West: Millbrook Road ¦ Raleigh, North Carolina 27609 n [phone] ¦ Fax [phone](
Facsimile Sheet
Fax Number [phone]
Date: Time Sent:
To: Name: ..: yA i 42- V- cc:
Company: _ 'b ?A) a
Fax Number: -7.3, ?Ysy
From R12 8\ M C-4-+N Subject:
Number of pages including transmittal sheet:
?. For your comments/approval
Per our conversation
Please advise
Would like to discuss
For your information
Per your request
Please call
Please handle
Hard Copy Sent:
US regular mail
UPS overnight
Federal Yrxpress
Odw
Hand delivery
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No hard copy sent
Remaxks-
if you have any questions or problems with the transmission, please contact ti t.-Yjrl e,
at [phone].
Confidentiality Notice
This transmission is intended only for the use of the Individual or entity to which it is addressed and may contain
ittfa mation "t is pz ivileged and confidential. If the reader of this message is not the intended recipient, you, are hereby
notified that n4y discloSUre, distribution or copying of this Wormation is strictly prohibited. If you have received this
transmission in error, please notify us immediately by telephone and return the faxed documents to us at the above
address vta the United States Postal Service.
Soil/Site Evaluation ¦ Mapping and Physical Analysis N Wct4inrls Mapping and Mitigation N Environniental :1LI&S
On-Site %Vm5tc Treatment Systarns, Iva luation and T)csign
64EMORANDUM
TO: John Dorney
SUBJECT: WETLAND STAF
Regional Contact:
WQ Supervisor:
in i Date:
PORT. AND RECOMMENDATIONS
Facility Name Bennin ton Place
Project Number 99 0006
Recvd From APP Region
Recvd By
Received Date 1/13/99 - -
Project Type road crossin
' Certificates
Permit Wetland Wetland
Type Type Impact
NBR ?- o y @)N
?----- I--- O y ON
Miti_ q
M"itigationType
Stream
Class
Wetland Stream
score , Index prim. supp.
7--F2-7-43-12 I `' NSW
Wetland Feet
Type Acres
County Johnston
County2
Region Raleigh
Acres Feet
Basin Req. ?Req.
0 0-_ I
N
Is Wetland Rating Sheet Attached? O Y O N Did you request more info? 0 Y
s Been Discussed With Applicant? 0 Y O N.
Have Project Changes/Condition
Recommendation: 0 Issue O Issue/Cond O Deny
O Y * N
Is Mitigation required?
Longitude (ddmmss)
Provided by Region: Latitude (ddmmss)
r,t%mments:
Page Number

A0 J7q- 035
Recommendation: BennPon Place
Note: I did not perform a site visit. I talked with Kevin Martin and he stipulated that the feature
was a stream and the stream was subject to the Neuse Buffer Rules.
s-?
in
They need to provide additional justification for the road crossing or the road crossing should
not be allowed pursuant to NBR.0233. The plans seem to desperately indicate that there are
clear alternatives.
03/0311999 09:31 9198469467 S & EC PAGE 02
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James 8. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
AC
NC ENR
February 22, 1999
Mr. Kevin Martin
Sail and Environmental Consultants
244 W. Millbrook Road
Raleigh, NC 27609
Dear Mr. Martia,
Re: Bennington place road crossing
Johnston County
DWQ # 990406
DWQ staff has reviewed your request for an opinion with respect to the Neuse
River buffer rules (15A NCAC 28.0233) for the northern most, second entrance to this
proposed subdivision. Based on the information you submitted, DWQ cannot approve
this a. practical alternative - namely, the subdivision entrance off of SR 1583 can be
utilized.
Please call lne at 919-733-1786 if you have any questions.
'e rely.
Joh R. Dorney
cc: Danny Smith; DWQ Raleigh Regional Office
Central Files
Keith. Roberts, Blackburn Engineering
OF
URCEs
Wetlands/401 Unit 4401 Reedy Creek Road Ralcigh, North Carolina 27601
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recyclcd/10% 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
Kerr T. Stevens, Director
Mr. Keith Roberts
Blackburn Consulting Engineering
234 E. Main St.
Clayton, N.C. 27520
Dear Mr. Roberts:
1 ?•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 16, 1999
DWQ # 990006
Johnston County
On 31 March 1999 the Division of Water Quality (DWQ) was notified by receipt of your
letter concerning the water line at the Bennington subdivision in Johnston County. Approval
from DWQ is required to disturb these wetlands.
Please call me at 919-733-1786 if you have any questions or would require copies of our
rules or procedural materials.
incere
o R. Dorney
cc: Raleigh DWQ Regional Office
Wilmington Corps of Engineers
John Dorney
Central Files
990006.pnd
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
lvision of Water Quafity /
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PO Box 29535, Raleigh, North Carolina 27626-05 5 / Phone: [phone]
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PARNUM=05H03198H
LANDMARK=
NC RN=1858-783922
MAPSHEET=165807
OVVNERNAME=FINDER, GINGER T
ADDR1=
ADDR2=1101 S LOMBARD ST
ADDR3=P O BOX 851
CITY=CLAYTON
STATE=NC
aP=275200000
BOOK PAGE=1277-0572
VALUE PAR--0180
ACREAGE=0.74
PFLAG=U
REVALUE=58670
MARKET=58670
LASTMOD-824/98
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SUBDIVISION REGULATIONS
TOWN OF CLAYTON
CLAYTON, NORTH CAROLINA
A.
f) Only subdivisions wiLn lots of 20,000 square feet or larger may provide
streets with shoulder sections in accordance with the North Carolina
Department of Transportation, Division of Highways publication,
Subdivision Roads, Minimum Construction Standards, latest edition. D
Driveways onto shoulder section streets shall have any portion within the
right-of-way paved to the same thickness as the street that serves the
driveway (Amended 312/92 and 4/4194).
3) Grades approaching intersections shall not exceed five percent (5%) for a
distance of not less than one hundred (100 feet from the right-of-way line of said
intersection.
4) A tangent of not less than one hundred (100) feet shall be provided
between reverse curves on all streets.
5) Street intersections shall be laid out in the following manner:
a) No more than two streets shall intersect at a point.
b) Streets shall intersect as nearly as possible at right angles and no
street shall intersect any other street at an angle of less than
seventy-five degrees (75 degrees).
C) Intersections with major thoroughfares shall be at least eight
hundred feet (800') apart measured from centerline to centerline.
d) Street jogs with centerline offsets of less than one hundred twenty-
five feet (125') shall be prohibited when the job lies wholly within
the subdivision and shall be avoided wherever possible on the
exterior boundary of the subdivision.
e) Property lines at street intersections shall be rounded with a
minimum radius of twenty feet (20').
6) Cul-de-sacs shall not exceed 1000 feet in residential development with lots
larger than 20,000 square feet. In residential development with lots less than 20,000
square feet, a cul-de-sac shall not exceed 700 feet in length. In non-residential
development, a cul-de-sac shall not exceed 400 feet in length. Cul-de-sacs shall be
used only when it is determined by the Town Council that extension of the street to an
adjacent property is impractical or unnecessary. (Amended 4/4/94)
7) Where the subdivider constructs an alley in a subdivision, such alleys
shall conform to the following specifications:
a) Right-of-way ................................. 20 Feet
b) Property line radius at
alley intersection .............................. 20 Feet
19