20090735 Ver 1_Notice of Withdrawal_20100215

A' N?
NCRE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 15, 2010
DWQ Project # 09-0735.
Orange County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Ellis Coleman
EYC Investments, LLC
36 Center St., Suite 203
Folly Beach, SC 29439
Subject Property: Corbinton Commons
Ut to Eno River [030401, 27-2-(7), C, NSW]
RETURN OF APPLICATION .
Dear Mr. Coleman:
On June 29, 2009, the Division of Water Quality (DWQ) received your application dated June 16, 2009,
to fill or otherwise impact 0.102 acres of 404/wetlands, 86 linear feet of perennial stream, 6,956 square
feet of Zone 1 Neuse River protected riparian buffers, and 8,735 square feet of Zone 2 Neuse River
protected riparian buffers to construct the proposed assisted living/residential development at the site. On
August 19, 2009, the DWQ sent a Request For More Information letter to you requiring a response from
you within 30 calendar days (the certified mail receipt to your address came back unopened, but your
consultant, Kevin Yates, of John R. McAdams Company received the request as well). As of today the.
DWQ has not received the requested information or any further correspondence from you. For this
reason your application is hereby considered returned. Once you have redesigned your project to
address the problems and inadequacies with your application as it was submitted, you will need to reapply
for DWQ approval. This includes submitting a complete application package.
Additional Information Requested in the August 19, 2009 Correspondence:
It has come to our attention based on receipt of the Notice of Violation (NOV) correspondence sent from
the DWQ-Raleigh Regional Office (dated August 13, 2009) that your submitted PCN application may not
have included all previously conducted and proposed temporary and permanent impacts to wetlands,
streams and buffers, as well as other possible discrepancies. Therefore, to reiterate the concerns of the
DWQ- Raleigh Regional Office, please address the following:
When required by DWQ RRO to provide a description and quantification of all the impacts to
jurisdictional features, you only provided the permanent impacts you wished to permit. However,
this is not an accurate measure of all the impacts to jurisdictional features (buffer, wetland, and
stream) on the site. Please quantify all the impacts (whether intended to be temporary or
permanent) on the site. This must include the numerical impacts for the road widening, the
impacts for the road crossing (both temporary and permanent), and the impacts for the greenway
crossing (buffer impact).
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:l/h2o.enr.state.nc.us/ncwetlands/
North Carohna
naturally
An Equal Opportunity 1 Affirmative Action Employer
EYC Investments, LLC
Page 2 of 2
February 15, 2010
2. You indicate that the road crossing will consist of two spanned structures; one over the wetland
that has already been impacted by earthen fill and one over the stream that has already been piped.
However, you did not provide the DWQ RRO required stream and restoration plan for the impacts
where the spanned structures will be placed.
If you receive authorization from the 401 Wetlands Unit to span the stream and wetland then you
will be required to provide a restoration plan to the DWQ RRO for the wetland and stream that
has been impacted. The stream restoration must explain how you plan to restore the pattern,
profile and dimension of the impacted stream channels. The streambed must be restored to the
original profile in its original location and the stream banks must be stabilized. The wetland
restoration plan must detail how the earthen fill material placed in the wetland (including all side
casting) will be removed. Satisfactory wetland restoration requires the replanting of at least 2
native hardwood wetland species and the maintenance of a stem density/survivorship of at least
320 trees per acre at the end of 3 years. Also, this plan will require an herbaceous wetland seed
mix for all wetlands that are disturbed. You will be required to submit this plan within 15 days of
the date of a 401 approval.
3. The 401 application did not represent the conditions on the site. The following inaccurate
information must be addressed:
a. Please explain why the application package refers to the impacts as proposed when the road
widening is constructed, the greenway trail has been constructed within the buffer, the
isolated wetlands have been filled, the wetlands have been filled for the sewer pump station,
and the wetland and stream has been impacted at the road crossing beyond what was
permitted in the 2002 NWT.
b.% The PCN form must include temporary impacts for wetland, stream and buffer impacts (Page
5 of 13 and Page 7 of 13).
c. Please explain how avoidance and minimization of stream and wetland impacts will be met
using a span structure since the stream and wetland have already been impacted in these
locations. Please explain why this information was not provided to the 401 Wetlands Unit in
this application. (Page 4 of PCN Cover Letter)
Please be aware that you have no 401 certification or authorization under the Neuse Buffer Rules for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statuses and Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if
you have any questions or concerns.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Img
cc Lauren Witherspoon, DWQ Raleigh Regional Office
Andy Williams, USACE Raleigh Regulatory Field Office
File Copy
Kevin Yates, EcoEngineering, A Division of The John R. McAdams Company, 2905 Meridian
Parkway, Durham, NC 27713
Filename: 090735CorbintonCommons(Orange)401 NBRNOV_Retumed_Application.doc