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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 Vs5 /1 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 6'1' amfe �A /� Jen A Burdette Environmental Specialist 1 a vi Yil s i 0 �gy �qy 4+i Lam® J v V 6 P Cl ®pry m7 D - c cn 6 P Of i 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 R t gh O1r 4509 C d R d S t 200 R 1 gh NC. 27612 O 919 881 9350 F 919 781 8286 wuwb m 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