20080580 Ver 1_Inspection_20100722

A PIA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 22, 2010
CERTIFIED MAIL # 70081140 0002 6736 5091
RETURN RECEIPT REQUESTED
Buffaloe Land Developers, LLC
Attn: Pablo Reiter
6404 Falls of Neuse Road, Suite 103
Raleigh, NC 27615
Subject: Buckhorn Place
DWQ Project # 08-0580 - Revised
Dear Sir:
On June 21, 2010 and June 28, 2010, Lauren Witherspoon with the NC Division of Water Quality
(DWQ) Raleigh Regional Office (RRO) conducted a site inspection at Buckhorn Place, a tract of land
located south of Buffaloe Road and between Old Milburnie Road and Forrestville Road, in Wake
County, North Carolina.
As a result of the site inspection and file review the following observations have been made:
On November 15, 2005, Mike Horan (DWQ) conducted buffer determinations for streams at the
Buffaloe Road Site. This tract of land has the same property boundaries as the Buckhorn Place Tract.
Jay Keller (Skelly & Loy, LLP) who conducted the wetland and stream delineation accompanied Mr.
Horan during the site visit. A buffer letter dated January 6, 2006, summarizes these determinations
(NBRRO#05-346).
On March 28, 2008, DWQ received a Pre-Construction Notification (PCN) Application seeking
authorization to impact jurisdictional wetlands, streams, and Neuse River Riparian Buffers. Soil and
Environmental Consultants, PA submitted the application on behalf of Buffaloe Land Developers, LLC
(Pablo Reiter). On April 15, 2008, DWQ sent a request for more information letter and on July 16,
2008, S&EC supplied this additional information. On August 5, 2008, DWQ authorized impacts to
0.0977 acres of 404/wetland (0.0947 acres permanent impact and 0.0030 acres temporary impact), 110
linear feet of perennial stream channel, and 7,180 square feet of Zone 1 Neuse River basin protected
riparian buffers and 4,605 square feet of Zone 2 Neuse River basin protected riparian buffers as
described in the application received by DWQ on March 28, 2008 and additional information dated July
16, 2008 (DWQ Project# 08-0580 - Revised).
one hCarolina
Nturall
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Buckhorn Place
Page 2
During the June 21 and 28, 2010 site visits, DWQ observed that over 200 linear feet of stream channel
had been impacted by the construction of a sediment basin (Sediment Basin 1). A stream was observed
flowing into the sediment basin. A flag was identified at the origin of the stream near the property
corner upstream of the sediment basin. The flag identified in the field corresponds to the map attached
to the buffer determination letter (NBRRO#05-346) (see buffer letter map below - Figure 1). However,
the maps submitted with the PCN Application that were approved by DWQ depicts the stream below the
sediment basin. Therefore, these impacts were not authorized by DWQ as part of this 401 Water
Quality Certification (WQC) (DWQ Project# 08-0580 - Revised). See DWQ approved PCN map below
(Figure 2).
On October 28, 2009, a plat was recorded by the Wake County Register of Deeds depicting the streams
and Neuse riparian buffers on the property. According to the information on the plat map, this plat was
drawn by Lloyd A. Kirk, NC-PLS from an actual survey made under his direct supervision. This plat
map portrays an accurate depiction of the stream and buffer in the vicinity of the sediment basin as
described above. See BM2009 Page 1190 below (Figure 3).
On April 7, 2010, a plat was recorded by the Wake County Register of Deeds depicting tree
conservation areas which included the streams and Neuse riparian buffers on the property. According to
the information on the plat map, the site information was taken "from construction drawings provided by
McIntyre & Associates, PLLC". According to S&EC, this is the same engineer that provided
information to S&EC to include in the PEN application. This plat map does not depict the same
information as the plat recorded on October 28, 2009, the DWQ buffer determination map (January 6,
2006), or the field verification of the origin of the stream. See BM2010 Page 302 below (Figure 4).
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Figure 2: PCN Application 2008 Figure 3: Plat BM2009 Page 1190 Figure 4: Plat BM2010 Page 302
0 = Property corners ® = Stream origin
According to 15A NCAC 02H .0507 (d) (2), Any certification issued pursuant to this Rule shall be
subject to revocation or modification upon a determination that information contained in the application
orpresented in support thereof is incorrect or if the conditions under which the certification was made
have changed.
The 401 WQC (DWQ Project# 08-0580 - Revised) approval requires you to follow the conditions listed
in the attached certification and any aditional conditions listed therein.
Letter 2006
Buckhorn Place
Page 3
Conditon 1 of the 401 WQC states that:
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Type o Impact Amount Approved (Units) Plan Location or Reference
404/Wetland 0.0977(acres) [0.0947 acres permanent impact, and
0.0030 acres temporary impact] PCNpage 4 of 10
Stream -perennial 110 (linear feet) PCN a e 5 o 10
Buffer Zone 1 7,180 (s uare eet) PCN a es 8 and 9 o 10
Buffer Zone 2 4,605 (sgaure eet) PCN a es 8 and 9 o 10
Based on field observations and a file review, DWQ has determined that the information provided in the
PCN application for Buckhorn Place is incorrect. Due to this discrepancy, there are impacts to a stream
and Neuse riparian buffer that have not been approved by DWQ. Therefore, you need to modify your
permit application accounting for the impacts where the sediment basin is located.
In addition, the 401 WQC did not authorize surface water or isolated water impacts. However, it is our
understanding that the pond in the northeastern portion will be partially filled and converted to a
sediment basin and ultimately a stormwater pond. Therefore, these impacts should be included in the
modification submittal.
This letter addresses field observations associated with the impacts to a stream and buffer in the vicinity
of Sediment Basin 1. DWQ will conduct a full site inspection to verify the extent of the streams as
described in the buffer determination letter (NBRRO#05-346) to aid in the resubmittal.
Thank you for your attention to this matter. Should you have any questions regarding these matters,
please contact Lauren Witherspoon at [phone].
i erely,
Xa)!ny S/upervisor
RegionaSurface Water Protection Section
cc: NPS Assistance and Compliance Oversight Unit
Ian McMillan - 401 Oversight and Express Permits Unit
Ben Brown - City of Raleigh
Niki Thomson - S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
RRO - Water Quality Files