20061617 Ver 4_More Info Received_20101105

Pinellas
Corporation

Commercial Real Estate
Leasing - Management - Brokerage - Development
November 4, 2010
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Mr. Ian McMillan
2321 Crabtree Boulevard, Suite 250 Hand Delivered
Raleigh, NC 27604 D ?Q:5
Re: DWQ project # 20061617, version 4 (dated 9/17/10) '`oV 5 2010
Dear Mr. McMillan,
DEMR - *ATER QUALITY
VOEUNDS MD STORM WATER 8W"
In conversation with Chris Murray of NCDOT, we understand that you require additional
information regarding our request to make repairs within permit site 7.
In our capacity as site manager for Wendell Falls PUD and as agent for Redus Raleigh
Housing, LLC, we would offer the following explanation, supported by the attached materials, in
an effort to clarify our request. To support our request to make repairs with the previously
permitted stream and riparian buffer footprint, please see the following original documents as a
point of reference:
1. Original permit drawing from Louis Berger Group for Site 7 dated 6/5/2007-Note
permitted stream and buffer impacts appear to extend only to fill slope. (see attachment:
Page 1)
2. Original permit drawing from Louis Berger Group for Site 9 dated 6/1/2007-Note
permitted stream and buffer impacts appear to extend only to fill slope on west side. (see
attachment: Page 2)
Original summary sheet (date not identified)-Note that existing channel impacts at Site 7
indicates 57 linear feet and existing channel impacts at Site 9 indicates 13 linear feet. (see
attachment: Page 3)
We understand that the project was found to be in non-compliance by the USACE on
May 16, 2008. Some of the non-compliance issues involved construction impacts beyond the
permitted amount (i.e. minor permanent fill outside the permit area). Accordingly, the permit
applicant, under Withers & Ravenel, applied for a permit modification on July 9, 2008. The
cover page of this document outlines the general issues at the project (see attachment: Page 4).
Page 3 of the Wither and Ravenel application provides information regarding Permit Site 7 and
Permit Site 9 (see attachment: Page 5). Construction impacts at Site 7 increased stream impacts
by 70 linear feet. Construction impacts at Site 9 increased stream impacts by 18 linear feet. We
7008 Harps Mill Road - Suite 103 - Raleigh, North Carolina 27615 - Office: 919-850-9779
Mailing Address: P.O. Box 99054 - Raleigh, North Carolina 27624
Page 2 of 2, 11/4/10
Mr. Ian McMillan, NCDENR
understand that additional payment was made to the EEP for these additional stream impacts.
The revised permit drawings and summary sheets were part of the permit modification and these
documents are noted below:
1. Modified permit drawing for Site 7 dated 7/9/2008-Note permitted stream and buffer
impacts appear to extend to the full Right-of-Way or easement limits. (see
attachment: Page 6)
2. Modified permit drawing for Site 9 dated 7/9/2008-Note permitted stream and buffer
impacts appear to extend past the full Right-of-Way. (see attachment: Page 7)
3. Modified summary sheet (date not identified)-Note additional channel impacts of 70
linear feet at Site 7 and 18 linear feet at Site 9. (see attachment: Page 8)
We believe the information contained herein supports our position that the repairs
requested in our October 25, 2010 letter, and as indicated on pages 9 and 10 attached, are located
within the previously permitted stream and riparian buffer footprint. The rip rap to be installed
will be placed on the stream bank only and not in the flow line of the stream. The rip rap to be
used will be Class 2. We will exercise extra care to minimize impact where ever possible.
Thank you for taking the time to review our request and your consideration is
appreciated. Again, we are interested in completing this repair before the winter weather
commences in earnest. Please contact me immediately with any questions or if additional
information is required.
Sincerely,
L
Joseph C. Lassiter
President
Cc: Bill Honaker, Redus Raleigh Housing. LLC
Chris Murray, NCDOT
4505 Falls of Neuse Road, Suite 270 • Raleigh, North Carolina 27609 • Office: 919-850-9779 0 Fax: [phone]
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f _ ..,,.. Notes: (t l/1/2#11.0)
-Page 1 of permit modification for Wendell Falls dated
July 9= 2008 7/9/2008.
US Army Corps of Engineers riL-uivision or water Quatity
Attn: Mr. Monte Matthews Attn: Ms. Cyndi Karoly
3331 Heritage Trade Drive, Suite io 2321 Crabtree Blvd.
Wake Forest, North Carolina 27587 Raleigh, North Carolina 27604
Re: Wendell Falls - Request for Perrnit Modification
W8R Project Number: 2050261.o1
USACE AID#:2oo6-20100
DWQ Project ##: o6-1617
Dear Mr. Matthews and Ms, Karoly,
On behalf of Wendell Falls, LLC, we are requesting a modification to the 404/401
approval for impacts to jurisdictional waters and wetlands associated with the
construction of a residential subdivision and interchange. Please note that the
applicant previously received for impacts, however, following installation, it was
determined that the impacts were in excess of what was authorized. The project
history is described in detail below,
Project History
Wetlands were delineated by Withers Ravenel in the Fall of 2005 and the Spring of
2006. Site meetings were conducted with the USACE on August 8, 2oo6 (AID#:
2oo6201oo). The NC-DWQ conducted site meetings on 10/14/05, 11/17/05, 2/1/x6,
5/4/o6, and 9/2o/o6 to confirm our riparian buffer determinations (DWQ Project ##:
05-270, 05-2708, o6-122), In November 2007, Wendell Falls received approval from
the NC-DWQ and the USACE to impact 2,979 linear feet of perennial stream (2,354
linear feet permanent, 625 linear feet temporary impact), 3.24 acres of wetlands for
road construction, 2.39 acres of wetland for utility line installation, 0.2 acres of
wetlands for mechanized land clearing, and 9.52 acres of riparian buffers for road
construction, greenways, and utility line installation.
Installation of the culverts and the associated impacts for the interchange and the
early phases of the subdivision began in the Staring of 2o08. During a site review by
the NCDOT and DWQ and during subsequent meetings with the USACE on May 16`r',
2008, it was determined that the impacts exceed what was permitted. Specifically,
there was temporary fill placed within wetlands, sewer lines had not been returned
to contour, silt fences within wetlands, and minor permanent fill outside of the
permitted area. Following this meeting, staff form Withers & Ravenel conducted as
built surveys at the stream and wetland crossings to in order to quantify the impacts
and determine which areas were out of compliance. On June 13`r 2oo8 we received
a Notice of Violation from the USACE. The non-permitted impacts are described in
more detail below,
1. V- "n /give, C a fy, NC d'.7. 0,[phone] Pi'P a.with1-r,sl yeni?,dX?rkn
, u4o tie ightsville Avenuk, ; Suite wt : 'Ml7S3 gt ., , N(. 2,<403 t fl: 910-?v,,6,9277 tlh 91 7. :Ft ,j [;
aaCEM 'Nik:K -i lNel/Itlu, •. (3,;.7 Sitbb ath Hom e Rd, SW ? 1uvpN,. NC v),8 62 101;: taX: "10.84.2-8019
PR?) e 4
Notes: {ll/l/2010}
-Page * of permit modification for Wendell Falls dated
Site 6 - The riparian buffers were im 7/9/2008,
outside of the existing toe-tit-?jl{ape. `Information concerning Site 7 indicates 127 linear feet
construction of the acceleration 'Idtj of actual stream impacts. Payment made to EEP for
mechanized land clearing of i.o()2 ? idditional impacts. Information concerning Site 9
site were: 0.03 acres of mechanizei l indicaivs ;11 linear feet of actual stream impacts.
1 av alert made to FFP for additional impacts.
disturbance in Zone 1 of the riparian l .-_. w..._
clearing in a wetland, Zone is o.o6 acres, and Zone 2: 0.04. The applicant proposes
duffer mitigation for the parallel buffer impacts depicted on Sheet ii.
Site 7 Due to site constraints, additional buffer and stream impacts occurred at
Site 7. The permitted impacts consist of: 57 linear feet of stream channel, Zone 1:
o.o9 acres, Zone 2: 0.04. The actual impacts are: 127 linear feet of stream, Zone 1:
0.15 acres, and Zone 2: o.o5 acres. The applicant proposes payment to NCEEP for 70
linear feet of perennial channel to satisfy mitigation requirements.
Site 8 - No changes
Site 9 - The original plans called for extending culvert, but because of structural
issues, the entire culvert needed to be replaced, which increased the stream and
buffer impacts. The permitted impacts were: 13 linear feet stream, Zone 1: 0.ol
acres, and Zone 2: o.o1 acres. The actual impacts arelinear feet of stream
channel, Zone is o.o7, and Zone z: 0.05 acres. In order to satisfy mitigation
requirements, the applicant proposes payment to EEP for 18 linear feet of perennial
channel.
Wendell Falls - Subdivision Impacts
Within the subdivision, there were two areas not in compliance with the permitted
impacts. Specifically, the stream/wetland crossings for the utility line installation
were not returned to grade, and approximately 0.02 acres of unauthorized wetland
fill was observed near the pump station (see pump station as-built). To bring the
sewer line back into compliance, the applicant removed -2.25 acres of fill material
and 6o feet of pipe. After the fill and pipe were removed, the areas were graded back
to the original contours. The applicant proposes payment to EFP to satisfy mitigation
requirements for 0.02 acres of wetland fill.
Crossing R-tr
We have also included the as-built information for road crossing R-4. The actual
impacts are within the amounts permitted for the stream crossing, however, the
wetland impacts were 0.02 acres in excess of what was permitted at this site.
As part of this modification, we would also like to re-locate one of the sewer line
crossings (impact Sao). The impacts for this sewer have not occurred. The revised
drawings are included with the attachments.

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