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HomeMy WebLinkAbout20070323 Ver 1_Undeliverable Mail_20070413~~F WATF9 p Michael F. Easley, Governor ~~ G William G. Ross Jr., Secretary ~ tom-- North Carolina Department of Environment and Natural Resources ~ ~ p -~ Alan W. Klimek, P.E. Director Division of Water Quality April 11, 2007 DWQ Project # 07-0323 Durham County CERTIFIED MAIL: RETURN RECEIPT REQUESTED D ~ ~ ~ !' !J Mr. Marc Reynolds !' D Falls Village Development, LLC MAY " ~~l~l 115 Falls Village Lane DENR-WATERQUALIfY Durham, NC 27703 WETIANDSANDSTORMYVATERBRAN(;H Subject Property: Falls Village Lick Creek/Little Lick Creek [030401, 27-9-(2), WSIV, NSW, CA] REQUEST FOR MORE INFORMATION Dear Mr. Reynolds: On March 28, 2007, the Division of Water Quality (DWQ) received your application dated March 27, 2007, to fill or otherwise impact 0.01 acres of 404/wetland, 0.03 acres isolated wetland impact, 2.49 acres of open water (pond), 7361inear feet of stream (permanently impact 107 linear feet of perennial stream, temporarily impact 527 linear feet of perennial stream, and temporarily impact 40 linear feet of intermittent stream impact), temporarily impact 62 linear feet of isolated stream, and 2,178 square feet of Zone 1 Neuse River basin protected riparian buffers and 1,742 square feet of Zone 2 Neuse River basin protected riparian buffers to construct the proposed residential subdivision. 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 five copies of 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. Please provide documentation that DWQ or Forest Resources has made intermittent/perennial stream determinations on the site or contact DWQ to schedule intermittent/perennial stream determinations on the site. 2. Please specify the percent of project imperviousness area based on estimated built-out conditions and provide an inventory of all impervious surfaces (building footprints, roads, driveways, decks, sidewalks, gravel-covered areas, etc.). Be sure to not include 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / lntemet: http://h2o.enr.state.nc.us/ncwetlands N~°c hCarolina ~atura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper Falls Village Development,~LLC Page 2 of 2 April 11, 2007 the golf course in your calculations. Please call Ms. Annette Lucas at 919-715-3425 if you have questions. 3. Please show all impacts for the entire site on one full plan sheet. 4. Please indicate which 404 permit the USACE would use to authorize this project. 5. Buffer impacts will need to be quantified in square feet in the table located in Section X of your PCN application. 6. All seven of the proposed scour holes have been placed in locations where slopes are too steep. In order to install a scour hole, the slopes must be less than 2 percent and the outlet pipe must be less than or equal to 18 inches in diameter. Please refer to the Level Spreader BMP Manual Chapter on the DWQ web site for more information about the appropriate design of level spreaders: http://h2o.enr.state.nc.us/ncwetlands/documents/LevelspreaderBMPManualchapter.doc. 7. Because of the inappropriate slopes, all seven of the proposed scour holes must be replaced with level spreaders designed according the specifications given in the Level Spreader BMP Manual Chapter. The resubmittal must include plan details for all components of the level spreaders and dated, labeled photographs that show the vegetative conditions in the filter strip for each level spreader. In addition, the resubmittal must include a DWQ level spreader worksheet for each of the level spreaders, available at: http://h2o.enr.state.nc.us/ncwetlands/documents/LevelspreaderWorksheet_2007desi ngL~uid ance l.doc. 8. The level spreaders that replace scour holes 3, 4, 6 and 7 must be moved downslope from the currently proposed locations of the scour holes. Whenever possible, level spreaders should be located just outside the riparian buffer to prevent diffuse flow from reconcentrating before it enters the stream. 9. stormwater pond outfall #8 must be redesigned in order to meet the requirements of the Neuse Buffer Rule. This rule states that new stormwater conveyances are not allowed through the buffer unless "a stormwater management facility is installed to control nitrogen and attenuate flow before the conveyance discharges through the riparian buffer." As currently designed, the design of this outfall will likely result in an eroded channel through the riparian buffer. There are two options to bring outfall #8 into compliance with the Neuse Rule: a. Install a properly designed level spreader to diffuse the flow from stormwater pond #2 through the riparian buffer. b. Submit design calculations, plans and a worksheet for stormwater pond #2 so that DWQ staff can determine whether it has been designed according to DWQ BMP Manual standards. Then, provide an engineered conveyance (a pipe or properly Falls Village Development, LLC Page 3 of 2 April 11, 2007 designed Swale) to convey the outflow from stormwater pond #2 directly to the stream channel. 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 rave any questions regarding or would like to set up a meeting to discuss this matter. CBKlijm Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit cc: Lauren Cobb, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files George Buchholz, The John R. 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