20060770 Ver 2_More Info Letter_20070420

~~F W A TF~p Michael F. Easley, Governor
`(~ G William G. Ross Jr., Secretary
Cp `~,.. North Carolina Department of Environment and Natural Resources
~ ~
„C, Alan W. Klimek, P.E. Director
Division of Water Quality
Apri120, 2007
DWQ Project # 06-0770, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Tom Ellis
Town of Cary
316 North Academy Street
Cary, NC 27511
Subject Property: Town of Cary -Jenks Carpenter Road
Ut to Turkey Creek [030402, 27-33-(2), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Ellis:
On March 30, 2007, the Division of Water Quality (DWQ) received your Courtesy Copy application
dated March 29, 2007, to impact 0.47 acres of open water (pond) to construct the proposed widening and
re-alignment of Jenks Carpenter Road. The DWQ has determined that your application was incomplete
and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive the additional information requested below, we will have
to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project
on hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. Per Condition No. 2 of General Certification 3627 (Nationwide 14), "Proposed fill or substantial
modification of wetlands or waters (including streams) under this General Certification requires
application to and prior written concurrence from the Division of Water Quality." Please .
resubmit 5 copies of your application with the appropriate fee (in this case $200).
2. Please indicate the diffuse flow provision measures on the site plan and submit level spreader
worksheets and signed and notarized Operations and Maintenance Agreements if applicable.
3. Cumulative Impacts
As you probably know, DWQ's rules require that we certify that the project will not result in
"cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will
cause a violation of downstream water quality standards" NCAC 2H .0506(b)(4). In reviewing
your PCN, it appears that construction of this road improvement and re-alignment may result in
additional development. With respect to cumulative impacts, the Preconstruction Notification
(PCN -Section XN) form for the project asks,
No~ne~Carolina
401 Oversight/Express Review Permitting Unit / -'K~ura~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http~//h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Town of Cary
Page 2 of 2
Apri120, 2007
"Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? [Yes or No] If yes, please
submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent
North Carolina Division of Water Quality policy posted on our website at:
httb://h2o.enr.state.nc.us/ncwetlands/documents/InterimInternalPolicyCumulativeImpact doc
Although, the "No" box was checked in regards to this question, as stated above, in reviewing
your PCN, it appears that construction of this road improvement and re-alignment may result in
additional development. While this may be accurate, there will be additional stream and wetland
impacts in order to develop the adjacent parcels and the stormwater from these developments may
cause a violation of downstream water quality standards. One way to address this concern is to
have the Town of Cary commit to requiring on-site stormwater management measures (such as
level spreaders, bioretention or constructed wetlands) for the additional development when those
parcels are developed. However, the Division is open to other approaches that would give us the
assurance that downstream water quality would be protected from the cumulative impacts of this
project.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and to provide us with a date that we may expect to receive this requested information. If we do not
receive this requested information within one week of the date you indicate it will be forthcoming, your
project will be withdrawn and you will need to reapply with a new application and a new fee. Please
contact me in writing and Lauren Cobb of the DWQ Raleigh Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to 'cuss this matter.
Sinc e y
yndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm U
cc: SunTemple Helgren, Wilbur Smith Associates, 421 Fayetteville Street, Suite 1303, Raleigh, NC 27601
Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 060770 Ver2TOCa ryJenksCa rpe oterRd(W a ke)On_Hold