20021169 Ver 4_More Info Received_20101230

WITHERS &' RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
1410 COMMONWEALTH DRIVE, SUITE 1o1
WILMINGTON, NORTH CAROLINA, 28403
[phone]
FAX [phone]
TO: NC Division of Water Quality - 4o1 Wetlands Unit
165o Mail Service Center
Raleigh, NC 27699
WE ARE SENDING YOU
? Shop Drawings
? Copy of Letter
LMCSR OF7 ° NSMMAL
DATE 12/29/10 JOB NO. 02100061.00
ATrENnON Mr. Ian McMillan
PHONE # gig-807-6364
RE: Highcroft Village Outfall
Response to On-Hold Letter

® Attached ? Under separate cover via _
? Prints ? Plans ? Samples
? Change order ? Diskette ?
? Resubmit
? Submit
? Return
COPIES DATE NO. DESCRIPTION
i 021ooo61.oo $240.00 Check for A lication Fee
12/29/10 021ooo6i.oo Response to On-Hold Letter

THESE ARE TRANSMITTED as checked below:
® For approval ? Approved as submitted
? For your use ? Approved as noted
? As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
Date: .MTERO A M
VIIEiW-AN[?
COPY TO: File
the following items:
? Specifications
- copies for approval
copies for distribution
corrected prints
SIGNED: Troy Beasley
If enclosures are not as noted, kindly notify us at once.
Signature: ULL 3 0 2013
WITHERS &RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
December 29, 2010
Mr. Ian McMillan
401 Oversight/ Express Review Permitting Unit
Wetlands and Stormwater Branch
NCDENR - Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Highcroft Village Outfall - Response to On-Hold Letter
DWQ Project #02-1169, Ver.4
Mr. McMillan:
Q?c?lgaeo 0
DEC 3 0 2010
WEILWAW SVM1MIY1{ATER BRANCH
A 10
This letter is in response to your letter, dated November 4, 2010, requesting additional information for the Highcroft
Village Outfall project.
1. This project requires written concurrence because previous stream impacts are over 150 linear feet. Please remit
your application fee of $240.
A check for $240.oo has been enclosed with this letter for the application fee.
2. Please provide documentation that the USACE will be permitting this project as a Nationwide No. 12 (and not a
Nationwide No. 29) and not as an Individual Permit since past perennial stream impacts exceed 300 linear feet
(135 linear feet permitted forVer.i,147 linear feet permitted for Ver. 2, and 118 linear feet permitted for Ver. 3, for
a total of 400 linear feet perennial stream previously permitted).
Through email correspondence, the Corps of Engineers determined that the proposed project was authorized
under a NWP 29. A copy of the email correspondence has been enclosed with this letter.
3. 20 linear feet of compensatory stream mitigation is required for this project. Please provide a compensatory
mitigation plan. The plan must conform to the requirements of 15A NCAC 2H .050o and must be appropriate to
the type of impacts proposed.
The only mitigation bank listed on the DWQ list of approved mitigation banks for the Cape Fear 03030002 basin is
the Cripple Creek Stream and Wetland Mitigation Bank. W&R contacted the Cripple Creek Mitigation Bank, and
the bank is currently under construction and will not have credits available before March 2011. Therefore, the
applicant proposes to provide 20 if of stream mitigation through the purchase of 20 if of stream credits from EEP.
A copy of the EEP Letter of Acceptance has been enclosed with this letter.
Sincerely,
__/ 4-1 r5
Troy Beasley
Environmental Scientist
111 MacKenan Drive I Cary, NC 275111 tel.: [phone] fax: [phone] www.withersravenel.com I License No. C-0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
416 D Gallimore Dairy Road I Greensboro, NC 27409 1 tel: [phone] fax: [phone]
Page I of 7
Beasley, Troy
From: Shern, James F SAW [[e-mail]]
Sent: Friday, December 10, 2010 6:45 PM
To: Beasley, Troy; Mcmillan, Ian; Jean Gibby
Cc: [e-mail]
Subject: RE: Highcroft Village Outfall PCN (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: FOUO
Not a problem or unusual for phase #s to be different. As long as all impacts required for a s/d are
tallied clearly. So if your Phase II (wetland permits=phase 4&5 subdivision plans) application stated
there would be a Phase III, and stated there would be no future impacts, does that mean there is a
Highcroft Village phases 6 or 7 subdivision plans?
The method that seems the most clear is when applicants provide an overall project area map.
Comprised of all parcels to be included in the subdivision, and include all on and off site greenways and
utilities, and any other fills, required by the Town, all on one 11 x 17" sheet. They annotate each impact
location describing type and amount of fill for a clear Impact Map.
For HCV this is what I got.
265 if of stream and 0.154 acres wl were the impacts approved in the HCV phase II application.
An additional 20 if of stream and 0.063 acres wl were the impacts requested in the most recent HCV
sewerline application.
Therefore the cumulative impacts for the entire Highcroft Village S/D stands at 285 if of stream impacts
and 0.217 acres wl... That's the tally from the two PCNs. Do the totals match the Impact Map?
As a best fit for impacts associated with a residential subdivision our database entry has been modified
to reflect the cumulative impacts were verified under NWP 29. This NWP authorizes the construction
of building foundations and building pads and attendant features that are necessary for the use of the
residence or residential development. Attendant features may include but are not limited to roads,
parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation
facilities such as playgrounds, playing fields, and golf courses. Your modifications were considered a
proposal to construct utility lines for residential development.
We believe this is a clear, fair and logical way to permit these complex multiphase subdivisions. We
want to make sure we are being consistent and fair in our permit decisions. Most importantly we want
to make sure that we can continue to utilize the Nationwide Permitting Program in areas of such dense
development. We need to make sure that all impacts permitted under the NWP program do not result in
more than a minimal adverse affect on the aquatic environment. Therefore mitigation requirements are
substantially similar no matter the applicant or NWP.
Jamie Shern
Raleigh Regulatory Field Office
Wilmington District
US Army Corps of Engineers
We would appreciate your feedback on how we are performing our duties. our
automated Customer Service Survey is located at:
12/29/2010
N.-
Ecosystem
PROGRAM
December 22, 2010
Karl Blackley
Highcroft Village Investors, LLC
100 Weston Estates Way
Cary, NC 27513
Project: Highcroft Village Outfall
Expiration of Acceptance: September 22, 2011
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
government pernvts, regulations or authorizations associated with the proposed activity including SL 2009-337: An Act to Promote
Cttsatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 CertificationICAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030002 0 0 20 0 0 0 0 0
Credits Cape Fear 03030002 0 0 40 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely, VD.Gilmore,PE
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE-Raleigh
Troy Beasley, agent
File
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net