HomeMy WebLinkAbout20110455 Ver 1_More Info Received_20110912N
W Ei BiURDETTE LAND CONSULTING, INC
10212 Creedmoor Road Raleigh North Carolina 27615
S Telephone (919) 841 9977 — Fax (919) 841 9909
September 9 2011
Mr Monte Matthews
Mr Ian McMillan
US Army Corps of Engineers
NC Division of Water Quality
Raleigh Regulatory Field Office
401 Oversight/Express Review Permitting Unit
3331 Heritage Trade Drive, Suite 105
512 North Salisbury Street
Wake Forest North Carolina 27587
Raleigh, North Carolina 27604
RE Nationwide Permit 14 & 29/401 WQC Revision Request
Reserve at Carthage Colonies Subdivision
Sanford Lee County NC
BLC Project # 10306
USACE AID # SAW 201002159
NCDWQ Project # 11 0445
Dear Mr Matthews & Mr McMillan
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SEP 12 2011 jJ
W DS&W WATER OtWITY
ANDST iBRAW11
The proposed Reserve at Carthage Colonies Subdivision is located between Carthage Road (SR
1237) and Firetower Road (SR 1152) southwest of Sanford Lee County North Carolina This
project is an extension of the existing Carthage Colonies residential subdivision and represents
Phases 5 through 8 A Verification of Nationwide Permits 14 and 29 and General Water Quality
Certifications (GC) 3820 and 3821 were issued for the project on July 1 2011 and June 13, 2011
respectively The Verification and corresponding Approval of 401 Water Quality Certification
with Additional Conditions expire on March 18 2012
McBlock Properties, LLC provided the attached Phase Map for the project Construction on the
entire project is currently anticipated to be completed in April 2015 with construction to begin on
Phase 5 m 2011 Construction on Phase 6 of the project is anticipated to begin in 2012, and
construction on Phases 7 and 8 is not expected to begin until 2014
Stream impacts for the entire project total 259 linear feet (LF) There is 115 LF of stream in
Phase 5 of the project that does not exhibit more than minimal aquatic function according to the
US Army Corps of Engineers ( USACE) and is classified by NC Division of Water Quality
( NCDWQ) as intermittent There is 144 LF of stream in Phase 7 of the project that exhibits
1
Mr Matthews & Mr McMillan
September 9 2011
Page 2 of 3
more than minimal aquatic function by the USACE and is classified by NCDWQ as perennial
Therefore only NCDWQ required the applicant to make payment to the NC Ecosystem
Enhancement Program ( NCEEP) in the amount determined by the NCEEP sufficient to perform
the restoration of 115 LF of stream for Phase 5, and both the USACE and NCDWQ required the
applicant to make payment to the NCEEP in the amount determined by the NCEEP sufficient to
perform the restoration of 144 LF of stream for impacts located within Phase 7 of the project
The USACE also required the applicant to make payment to the NCEEP in the amount
determined by the NCEEP sufficient to perform the restoration of 0 24 acre of wetlands to
compensate for wetlands impacts that are distributed throughout all four phases of the project
Based on the anticipated development schedule and the stream compensatory mitigation required
for each phase of the project described above, the applicant requests the USACE replace Special
Condition 1 of the Nationwide Permit Verification with the following revised condition that
phases the mitigation payments The applicant also requests NCDWQ revise the Approval of
401 Water Quality Certification with Additional Conditions to include the same mitigation
phasing
' In order to compensate for impacts to 115 linear feet of stream in Phase 5 and 0 216 acres of
wetlands in Phases 5 through 8 of the project the permittee shall make payment to the North
Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the
NCEEP sufficient to perform the restoration of 115 linear feet of warm water stream and
0 24 acres of riparian wetlands in the Cape Fear River Basin Cataloging Unit 03030003
Construction within the jurisdictional areas of Phase 5 of the project as indicated by the
request dated August 31, 2011 and in the attached plan shall begin only after the permittee
has made full payment to the NC EEP /ILF for the above impacts and provided a copy of the
payment documentation to the Corps and the NC EEP /ILF has provided written
confirmation to the Corps that it agrees to accept responsibility for the mitigation work
required, in compliance with the MOU between the North Carolina Department of
Environment and Natural Resources and the United States Army Corps of Engineers
Wilmington District dated November 4 1998
In order to compensate for the remainder of the authorized impacts in Phase 7 of the project
which includes impacts to 144 linear feet of stream, the permittee shall make payment to the
North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by
the NC EEP, sufficient to perform the restoration of 144 linear feet of warm water stream in
the Cape Fear River Basin Cataloging Unit 03030003 Construction within the remaining
144 linear feet of stream on the property, shall begin only after the permittee has made full
payment to the NC EEP /ILF for the above impacts and provided a copy of the payment
documentation to the Corps and the NC EEP /ILF has provided written confirmation to the
Corps that it agrees to accept responsibility for the mitigation work required in compliance
with the MOU between the North Carolina Department of Environment and Natural
Mr Matthews & Mr McMillan
September 9, 2011
Page 3 of 3
Resources and the United States Army Corps of Engineers Wilmington District dated
November 4 1998
Since the Nationwide Verification and 401 General Water Quality Certifications were issued for
the project the property comprising Phase 5 has been transferred to Beazer Homes Beazer
Homes will be responsible for construction of Phase 5 and its compliance with the Nationwide
Permit Verification and GCs 3820 and 3821 issued for the project See the attached letter from
Jayson Williams of Beazer Homes acknowledging receipt of the existing Verification and GCs
and commitment to adhere to their General Regional and Special Permit Conditions revised as
described above
If you have any questions about this request for a revision to the approvals for the project please
do not hesitate to call me at (919) 841 9977
Sincerely
Burdette Land Consulting, Inc
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Jen A Burdette
Environmental Specialist
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110 Mk
August 31 2011
Mr Monte Matthews Mr Ian McMillan
US Army Corps of Engineers NC Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight/Express Review Permitting Unit
3331 Heritage Trade Drive, Suite 105 512 North Salisbury Stieet
Wake Forest, North Carolina 27587 Raleigh, North Carolina 27604
RE Nationwide Permit 14 & 29/401 WQC Ownership Update
Reserve at Carthage Colonies Subdivision
Sanford Lee County NC
BLC Project # 10306
USACE AID # SAW 201002159
NCDWQ Project # 11 0445
Dear Mr Matthews & Mr McMillan
I he proposed Reserve at Carthage Colonies Subdivision is located between Carthage Road (SR
123 7) and Firetower Road (SR 1152) southwest of Sanford Lee County North Carolina This
project is an extension of the existing Carthage Colonies residential subdivision and represents
Phases 5 through 8 of the project A Verification of Nationwide Permits 14 and 29 and General
Water Quality Certifications (GC) 3820 and 3821 were issued for these remaining phases of the
project on July 1 2011 and June 13 2011 respectively
Beazer Homes purchased the property comprising Phase 5 of this project and are working
directly with the applicant s agent, Ms Jennifer Burdette of Burdette Land Consulting, Inc A
signed agent authorization form is attached We have received copies of the Pre Construction
Notification Application submitted to both agencies on June 6 2011 and the Nationwide Permit
14 and 29 Verification and GCs 3820 and 3821 issued for the project Beazer Homes proposes
to proceed with construction of Phase 5 of the project in accordance with the General Regional
and Special Permit Conditions revised to include phasing the compensatory mitigation payments
as requested by Ms Burdette's letter to both agencies also dated August 31, 2011
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4509 C d R d S t 200
R 1 gh NC. 27612
O 919 881 9350
F 919 781 8286
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Mr Matthews & Mr McMillan
August 31 2011
Page 2 of 2
If you have any questions about the updated responsible party information provided for the
project, please do not hesitate to call me at (919) 881 9350, ext 2374
Sincerely
Beazer Homes
Jay-son Williams
Raleigh Operations Manager
Attachment
N
I.TRDETTE LAND CONSULTING, INC
E 10212 Creedmoor Road Raleigh North Carolina 27615
Telephone (919) 841 9977 — Fax (919) 841 9909
S
AGFNT AUTHORIZATION FORM
US Army Corps of Engineers North Carolina Division of Water Quality
Raleigh Regulatory Field Office Central Office
3331 Heritage Trade Drive Suite 105 Mail Service Center 1650
Wake Forest, North Carolina 27587 Raleigh, North Carolina 27699
To Whom It May Concern
By signing below the current property ownei gives representatives of Burdette Land
Consulting Inc permission to act as their authorized agent for jurisdictional and isolated waters
and riparian buffer determinations delineation and peimitting for the subject project This
authorization includes permission to enter the site to conduct site meetings with US Army Corps
of Engineers and NC Division of Water Quality personnel, as necessary
Project Name Reserve at Carthage Colonies Phase 5
BLC Project # 10306
Current Property Owner or Easement Holder
Name Beazer Homes — Mr Jayson Williams
(include contact person if a corporation partnership or government)
Mailing Address 4509 Creedmoor Road Suite 200
Raleigh, North Carolina 27612
Telephone (919) 881 9350 Email jawillia , beazer com
Jayson Williams — Raleigh Operations Manager
Signature A Print Name (include title if appropriate)
9/6/2011
Date