19990328 Ver 1_More Info Received_20091230

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KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS PBp
7921 Haymarket Lane, Raleigh, NC iL
[phone] C'y
Fax[phone]
LETTER OF TRANSMITTAL
TO: NC Division of Water Quality
DATE: December 30, 2009
ATTENTION: Cyndi Karoly
RE: Willow Place Townhomes
WE ARE SENDING YOU THE FOLLOWING:
? Pre-construction Notification (PCN) ? Plans ? Maps ? Specifications
® Documents ? Other
THESE ARE TRANSMITTED AS CHECKED BELOW
® For approval ? As requested ® For review & comment
® Please reply ? See below ® For your files
? Regular Mail ? Fed-Ex ® Delivered by KE ? Picked Up
COPIES DATE DESCRIPTION
1 12-30-09 Refund Request Cover Letter
1 6-18-99 401 Permit
1 10-09-01 404 Permit
1 12-17-02 Major Variance
1 4-13-09 NCEEP Kell Williams email

THANK YOU!
Rec'd By:
Signed r° fib
i;1:1
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
December 30, 2009
James Shern Cyndi Karoly
US Army Corps of Engineers DWQ 401 Wetlands Unit
Raleigh Regulatory Field Office 2321 Crabtree Blvd
3331 Heritage Trade Drive, Suite 105 Raleigh, NC 27604
Wake Forest, North Carolina 27587
Re: Willow Place Townhomes
Keller Environmental Job No. 0904
USACE Action ID: 199820947
DWQ Project # 990328
Raleigh, North Carolina
Dear Mr. Shern and Ms. Karoly:
Mt i 0 2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
On behalf of the Mercury Group LLC and Mr. Nelson Law, thank you for assistance
from your offices. We met with Mr. John Dorney and Eric Kulz on March 30, 2009.
Attached are the 401 and 404 permits and major variance issued in 1999 to 2002. Due to
several reasons, this project never materialized. Therefore, we are requesting a refund from
NCEEP for the paid impact fees. We spoke with Ms. Kelly Williams and have attached her
explanation email (4-13-09). Please provide us written confirmation rescinding the mitigation
requirement at your earliest convenience.
Thank you for your assistance with this project. If you should have questions or require
additional clarification please feel free to contact me at 749-8259 (cell) or email:
[e-mail].
Sincerely,
Keller Environmental, LLC

Jay Keller
Principal
Attachments:
401 permit (June 18, 1999)
404 permit (October 9, 2001)
Major Variance (December 17, 2002)

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Kerr T. Stevens, Director r. W.
Wayne McDevitt, Secretary
AI
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 18, 1999
Wake County
DWQ Project # 990328
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Mr. Nelson Law
2080 Pine Cone Lane
Atlanta, GA 30319
Dear Mr. Law:
You have our approval, in accordance with the attached conditions and those listed below, for the purpose of
constructing the Willow Place Townhouse in Wake County, as you described in your application dated March 31,
1999. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of
Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. The stormwater management plan dated April 21, 1999 submitted by your consultants, Aiken and Yelle Associates, PA.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R.0402, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H.0506(h). According to 15A NCAC 2H
.0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check
(made payable to: DEHNR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell
should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 260 feet of streams, in 030402 river and subbasin and 260 feet of
riparian restoration are required. Please be aware that the Wetland Restoration Program (WRP) rules
require rounding of acreage amounts to one-quarter acre increments (15A 2R .0503(b)).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Division of Water Quality • Environmental Sciences Branch
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
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,Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-1786.
Attachment
Sinc e ,
ens
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Domey
Central Files
Ron Ferrell; Wetland Restoration Program
Todd St. John
John Cooke
Kenneth Jeneck; Aiken and Yelle
990328.1tr

NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Nelson Law has permission as outline below for the purpose(s) of
proposed construction Willow Place Townhomes. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT
VLID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION: Willow Place Townhomes
COUNTY: Wake
BASIN/SUBBASIN: 030402
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments according to 15 2r .0503(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
260 linear feet of stream channel
- (other)
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this
form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLESES NOTE, THE ABOVE IMPACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
P.O. BOX 29535
RALEIGH, N.C. 27626-0535
[phone] ext. 358
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 199820947 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property
Owner Nelson Law
Address 2080 Pine Cone Lane
Atlanta, GA 30319
Telephone Number
Authorized
Agent Mid-Atlantic Associates, P.A.
Attn: Michelle Delaire
Address 409 Rogers View Court
Raleigh, NC 27610
Telephone Number 919-250-9918 _
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
approximately 3 acres in size and is located 200 feet northeast of the intersection of Edmund Street and
Brookside Road, south of U.S. 1, in Raleigh, Wake County, North Carolina. The site is adjacent to
unnamed tributary of Cemetery Branch, above headwaters, in the Neuse River Basin.
Description of Activity: This permit authorizes mechanized landclearing, excavation, the ' f
culverts, and the placement of fill associated with the construction of Willow Place To acts
to wetlands and waters authorized by this permit total 260 linear feet of stre This
authorization is to cover impacts applied for on June 3, 1999. Mitigation was arrang payment
to the North Carolina Wetlands Restoration Program for 260 linear feet of stream channel.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
26 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittce of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Regulatory Project Manager Signature_
Authorization Date October 9, 2001 Expiration Date February 11, 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF:
tom'
G?
Michael F. Easley
Governor
William G. Ross, Jr, Secretary
Department of Environment and Natural Resources
Alan W, Klimek, P.E., Director
Division of Water Quality
Mr. Nelson Law
2080 Pine Cone Lane
Atlanta, Georgia 30319
December 17, 2002
DWQ Project No, 99-0328
Wake County
Page 1 of 2
Subject Property: Willow Place Town Homes / Condominiums, Edmund Street, Raleigh, NC
Unnamed Tributary to Cemetery Branch [03-04-02, 27-33-18-2, C NSW]
MAJOR VARIANCE APPROVAL per the NEUSE RIVER RIPARIAN AREA PROTEC'T'ION RULE [15A NCAC 21B
.0233(9)j w/ ADDITIONAL, CONDITIONS
Dear Mr, Law:
On December 11, 2002, the Water Quality ComrTlittee (WQC) of the N.C. Environmental Management Commission (EMC)
decided to approve the proposed modification to your Major Variance originally approved in May 1999 with the following
conditions. This letter shall act as your Major Variance approval as decided by the WQC and described within 15A NCAC
02B .0233(9)(c). In addition, you should obtain or otherwise comply with any other required federal, state or local
regulations before you proceed with your project including (but not limited to) U.S. Army Corps of Engineers 404 Permits,
Division of Water Quality (DWQ) 401 Certifications, Erosion and Sediment Control and Non-Discharge regulations.
This approval is only valid for the purpose and design that you described in your Major Variance. If you change your
project, you must notify us and you may be required to send us a new application and request a new Major Variance
approval through the WQC, If the property is sold, the new owner must be given a copy of this approval and is thereby
responsible for complying with ail conditions. For this approval to be valid, you must follow the conditions listed below.
Conditions:
1, You must comply with any conditions listed within the 401 Water Quality Certification issued to you from the DWQ on
June 18, 1999 except as modified within this approval.
2. -The WQC approved your modified plans as depicted on the "Willow Place Condominiums, City of Raleigh, North
Carolina - Site Grading and Drainage Plan" dated October 3, 2002 and sealed by Mr. Harold A Yelle, P.E. on October
26, 2002. Any modification to these plans must be approved by the DWQ and you may be required to request a new
Major Variance approval through the WQC. The WQC has decided that the DWQ Staff may approve any modification
to these plans if the following conditions are met.
2.1. The modifications do not change the original finding of fact that all of the requirements for a Major Variance have
been met pursuant to 15A NCAC 02B .0233(9)(a).
2.2. The modifications do not result in additional impacts (either direct or indirect) to water quality.
2.1 The modifications comply with the conditions of the original variance approval.
3. 'The project shall comply with the stormwater management plan dated October 26, 2002 and approved by the DWQ
on November 14, 2002. Before any permanent building is occupied at the subject site, the stormwater facilities (as
approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by
this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without
written authorization from the DWQ.
If you do not accept any of the conditions of this Major Variance Approval, you may ask for the full EMC to review your
variance request. You must send us a request for this review in writing within 60 days of the date that you receive this
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699.1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919=733-6893 (fax), http://h2o.enr.stite.nc.us/ncwetiands/
Page 2 of 2
letter. If you do not accept any of the conditions of their review, you may ask for are adjudicatory hearing. To ask for a
hearing, send a written petition which conforms to Chapter, 1506 of the North Carolina General Statutes to the Office of
Administrative Hearings, PO Box 27447, Raleigh, N.C. 276 1 1--744 7. This Major Variance Approval and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules
(15A NCAC 2B ,0233). Please call Bob 1arzecki at [phone] if you have any questions or require copies of our
rules or procedural materials.
Sincerely,
Alan W. Klimek, P.E.,
Director, DWG
Cc: John Cooke, Womble, Carlyle; Sandridge & Rice, P,O. Box 831, Raleigh, NC 27602
Edward Bedford, 15f American Land, 2521-134 Schiefflin Road, Apex, NC 27502
Mid-Atlantic Associates, 409 Rogers View Court, Raleigh, NC 27610
Steve Mitchell, DWQ Raleigh Regional Office
Harold Yelle, Aiken & Yelle Associates, 3755 Benson Drive, Raleigh, NC 27609 (AYES Project 9226MEAD)
Bill Brower, City of Raleigh; P.O. Box 590, Raleigh, NC 27602
Heidi Miller, 613 Edmund Street, Raleigh, NC 27604
File Copy
Central Piles
IDWO 990328
December 17, 2002
bz
Page 1 of 1
Jay Keller
From: Williams, Kelly [[e-mail]]
Sent: Monday, April 13, 2009 10:49 AM
To: Jay Keller
Subject: RE: willow place townhomes major variance
Attachments: WillowPlace 404.pdf; WillowPlace 401.pdf; W-9 form.pdf
Hi Jay:
Good to talk to you this AM. I have attached both the 401 WQC and the 404 for Willow Place Townhomes- both have a 260 foot
stream requirement that was paid in October 1999.
1 have looked in our files and database and do not see any reference to a buffer payment for Willow Place Townhomes. It
doesn't seem they ever made a buffer payment- in fact, I don't even see a mitigation requirement on the variance you sent me.
If the permittee would like a refund, I need a written request for a refund from the permittee- that said, the invoice was paid by
The Mercury Group, LLC, PO Box 12882, Raleigh, NC 27605 and that is to whom the refund would be issued- Nelson Law should
confirm this. We'll need a W-9 (attached) completed by the permittee, and something in writing from both DWQ and the COE
rescinding the mitigation requirement. This requirement has been debited from EEP's assets, so in order for EEP to undo the
requirement and issue the refund, I'll simply need confirmation that EEP is not responsible for providing the mitigation because
the project has been cancelled. (Ian McMillan at DWQ has provided this type of letter on other projects)
Let me know if you need anything else.
Take care,
Kelly
From: Jay Keller [mailto:[e-mail]]
Sent: Monday, April 13, 2009 9:44 AM
To: Kelly Williams
Subject: willow place townhomes major variance
Hello Kelly, thanks for just speaking with me. ;Here's the variance that John gave us at our meeting 2
weeks ago. Any info you can send would be highly appreciated. Jay
Jay Keller
Principal
Keller Environmental, LLC
7921 Haymarket Lane
Raleigh, NC 27615
[phone] office
[phone] fax
[phone] cell
4/13/2009