20100176 Ver 1_More Info Received_20100525

HAL OWEN & ASSOCIATES, INC.
SOIL & ENVIRONMENTAL SCIENTISTS
P.O. Box 400, 266 Old Coats Road
Lillington, NC 27546-0400
Phone [phone] / Fax [phone]
E-mail: [e-mail]
Mr. Ian McMillan
DWQ 401 Wetlands Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
26 May 2010
Lei V
LP-3 0
MAY Z 47 2010
WETLAND AND TO"n&'(V?? R gRANCH
Reference: Bailey's Creek Subdivision
DWQ Project 10-0176
Dear Mr. McMillan,
We received notification in a letter dated 13 May 2010, that the processing of the permit
application for the above referenced property has been placed on hold pending submittal of
additional information.
Additional Information Requested:
1. It has come to our attention that this project appears to be Phase II of the Evans Estates
subdivision development and not a stand-alone project. This phase appears to be
dependent upon Evans Estates Phase I for a development connection. Please provide a
narrative discussing this determination and submit all information you have regarding
Evans Estates Phase I.
The developer asserts that Bailey's Creek subdivision is a separate entity from Evans
Estates subdivision. Evans Estates was recorded in 1998 and developed by George Bailey and
Associates. Bailey's Creek is being developed, as a different subdivision, by CCR Properties.
Neither George Bailey nor George Bailey & Associates has ownership or interest in CCR
Properties. Mr. Bailey is assisting CCR properties as an advisor only. Bailey's Creek
subdivision proposes to use Evans Estates Drive for access because the tract Bailey's Creek
subdivision occupies is surrounded on three sides by ,trams. Using other access points
(Bailey's Way) would be costly to construct ($120,000) and would result in adverse impacts to
the environment (181 linear feet of stream impact). To Mr. Bailey's knowledge, no streams or
wetlands were impacted for construction of Evans Estates Drive. Therefore, Bailey's Creek
subdivision is not dependant upon a wetland or stream impact in Evans Estates Subdivision for
its access.
The extent of wetland, stream, and buffer impacts in Evans Estates Subdivision is
difficult to pinpoint. Mr. Bailey relied upon the project engineer, Glen Ward, to secure the
environmental permits. Mr. Bailey says that to his knowledge no wetland or buffer permits were
obtained, and he assumes this was because there were no impacts. The project engineer is
deceased and unable to remark on site conditions at the start of construction in 1998.
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting
HAL OWEN & ASSOCIATES, INC.
Our research indicates that two Neuse Buffer Rule variances were issued for individual
lots within the Evans Estates subdivision. An after-the fact NBR variance was granted to Mr.
Bob Longo, owner of Lot 35 Evans Estates, in November 2007 for 1023 square feet of riparian
buffer impact (DWQ Project # 05-2015v.2). A NBR variance was granted to Mr. George Bailey,
owner of Lot 37 Evans Estates, in April 2007 for 46 square feet of riparian buffer impact (DWQ
Project # 2005-20150); however, the house that was eventually constructed on the lot did not
require any impacts to the buffer.
Topography indicates a drainageway leading up to Drakeford Drive in Evans Estates
subdivision. A site visit was conducted with Mr. Todd Tugwell of the US Army Corps of
Engineers on 2 March 2005 to determine the extent of impacts, if any, to federally regulated
waters at this site. As stated in a report dated 23 March 2005, prepared by Hal Owen &
Associates to Ken Schuster at the Division of Water Quality, "Mr. Tugwell determined that the
topography appeared to preclude the presence of wetlands through the drainageway" and he
"was unable to make a clear determination whether a stream existed prior to the start of
construction on Evans Estates". The report further says that "any impacts to wetlands that may
have occurred would have been very small and fallen under the umbrella of existing Nationwide
Permits (specifically NWP 26)".
We trust that this provides the additional information you requested and that the
permitting process may proceed. If you have any questions or need additional information,
please feel free to contact us at your convenience.
Sincerely,
(Lc,00 V? vew_66?
Krissina B. Newcomb
Project Environmental Scientist I
Hal Owen
Senior Environmental Consultant
CC: James Shearn, USACE
Mr. George Bailey
Hugh J. Gilleece
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting