HomeMy WebLinkAbout20060447 Ver 3_More Info Requested_20200310DocuSign Envelope ID: B02lA343-65F7-47CO-9035-ACC9C2C9A3F9
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 10, 2020
DWR # 20060447 v3
Wake County
Olde Towne WEH, LP
Attn: Mr. Eric Rifkin
56 Hunter Street
Apex, NC 27502
Subject: REQUEST FOR ADDITIONAL INFORMATION
Olde Towne Master Plan Community
Dear Mr. Rifkin:
On February 5, 2020, the Division of Water Resources — Water Quality Programs (Division) received your
application requesting a 401 Individual Water Quality Certification and Neuse River Buffer Authorization
from the Division for your project. The Division has determined that your application is incomplete and
cannot be processed. The application is on -hold until all of the following information is received:
1. If the U.S. Army Corps of Engineers requests a response to any comments received as a result of
the Public Notice, please provide the Division with a copy of your response to the USACE. [15A
NCAC 02H .0502(c)]
You have proposed a stream restoration/relocation for a portion of Stream C (Impact Area 1).
You have provided a conceptual stream relocation design on Figure 40, as well as some typical
stream restoration details on Figure 44. Please provide a detailed stream restoration plan which
includes exact locations of all proposed structures, as well as a profile of the proposed channel.
Please also provide a planting plan that indicates the proposed new buffer location and the
types of vegetation proposed to be planted within each Zone. The current planting plan does
not clearly include the Neuse buffer area planting details.
Pursuant to 15A NCAC 02H.0506(a) a 401 Water Quality Certification may only be issued upon
determining that existing uses are not removed or degraded by a discharge to classified surface
waters. Based on the information provided in the application and associated documents, the
current drainage area and upper portion of Wetland 0 (Impact Area E/F/G) is proposed to be
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
m )ry rN cxl4o:. i
o.�ro�em or E�.w�����a�:r� /� 919.707.9000
DocuSign Envelope ID: B02lA343-65F7-47CO-9035-ACC9C2C9A3F9
Olde Towne WEH, LP
DWR Project #20060447 v3
Request for Additional Information
Page 2of3
filled and routed through a stormwater control measured that will be discharged along a stream
channel. Please note that the rerouting of any drainage area and surface flow has the potential
to remove existing hydrology from Wetland O and therefore remove existing uses of the
wetland. Please provide a detailed hydrologic analysis of indirect impacts to the remaining
portion of Wetland O immediately below this impact area. Alternatively, you may propose
updated impact amounts that include this area as a loss of wetland due to indirect impacts.
4. Pursuant to 15A NCAC 02H.0506(a) a 401 Water Quality Certification may only be issued upon
determining that existing uses are not removed or degraded by a discharge to classified surface
waters. Based on the information provided in the application and associated documents, the
current drainage area and upper portion of Stream F is proposed to be routed through a
stormwater control measured that will be discharged a substantial distance further downstream
along the stream channel. Please note that the rerouting of any drainage area and surface flow
has the potential to remove existing hydrology from the upper portion of Stream F and
therefore remove existing uses of the stream. Please provide a detailed hydrologic analysis of
indirect impacts to the portion of Stream F above all stormwater control measure discharge
points. Alternatively, you may propose updated impact amounts that include this area as a loss
of stream due to indirect impacts.
5. The outlet channels from some of the proposed Stormwater Control Measures are aligned at
approximately 90 degrees from the stream channel. The Division is concerned that these
proposed alignments have the potential to cause impacts do downstream water quality from
erosion of the streambanks. Please re -align the outlets, or provide detailed evaluation of the
area to document that streambank erosion will not occur as a result of the current alignments.
Pursuant to Title 15A NCAC 02H .0502(e) and 15A NCAC 02B [Neuse] .0233, the applicant shall furnish all
of the above requested information for the proper consideration of the application. Please respond in
writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above
requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617 OR by submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Water Quality Certification Rules for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
DocuSign Envelope ID: B02lA343-65F7-47CO-9035-ACC9C2C9A3F9
Olde Towne WEH, LP
DWR Project #20060447 v3
Request for Additional Information
Page 3 of 3
Please contact Sue Homewood at 336-776-9693 or Sue. Homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
DocuSeig�nee1d by:
PAVwG WO O
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Jennifer Burdette, McAdams Company (via email)
James Lastinger, USACE Raleigh Regulatory Field Office (via email)
DWR RRO 401 files
DWR 401 & Buffer Permitting Unit