20060447 Ver 1_Staff Comments_20070430

Apri130, 2007
06-0447 Olde Town, Wake County
Ian,
I recommend denying their request that a Stormwater Management Plan be provided for
only Phase 4 of this project. The two reasons are:
A number of the phases have proposed impervious surface percentages that exceed 28 percent: 6
out of 12. I believe the DWQ needs to do a careful review when impervious surface percentages
are so close to 30 percent.
2. DWQ staff also need to have the opportunity to insure that diffuse flow provisions are met
appropriately on each one of the phases.
Annette

..,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division

Action ID. 200620287
Mr. Rocky Keim
Olde Towne, LLC
387 Medina Road, Suite 600
Medina, OH 44256
Dear Mr. Keim:
December 4, 2007

.. a,
Iv~ ` ~ `~ Z~07 ~;~~~~
B~R~p - VV ' ~
~ ti ° ~f 1~~"0'~(~l
This refers to a recent site meeting between Mr. Monte Matthews of the U.S Army Corps
of Engineers, Mr. Andy Beck of Olde Towne Company, LLC, and Mr. Sean Clark and Ms. Nicole
Thomson of Soil and Environmental Consultants on November 1, 2007, at the Olde Towne
Development site near Raleigh, Wake County, North Carolina. The purpose of the site meeting was
to conduct a compliance inspection for the permit conditions of a Section 404 permit issued to Olde
Towne, LLC on December 15, 2006. Aquatic features on this site drain to Walnut Creek in the
Neuse River Basin.
The November 2007 site visit revealed that approximately 200-3001inear feet of stream
channel had been impacted beyond the permit limits established by your 404 permit. This impact
resulted from an unpermitted relocation of the stream channel. In addition, sediment and erosion
control measures had not protected the jurisdictional stream/wetland within this area and it was not
evident that you have satisfied the preservation component of your compensatory mitigation plan.
The actions stated above violate the permit conditions of your 2006 permit. This violation was
described in our certified letter dated November 2, 2007 which was sent to 5810 Cameo Glass Way,
Raleigh, NC 27612 as recommended by Mr. Beck. The letter went unclaimed at this address, so we
are enclosing it for your information.
During the recent meeting Mr. Beck volunteered to stop work in all waters of the U.S. until
the violations are resolved. The Corps agrees that this is a necessary step and hereby directs Olde
Towne, LLC to cease and desist from any further work in wetlands or waters on the property that
would result in new impacts to these aquatic features. Please be aware that we are considering
enforcement action for the violations of your permit conditions as stated above.