20070156 Ver 5_More Info Letter_20121030

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
October 30, 2012
DWQ Project # 07- 0156V5
Greene County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 1150 0000 4206 5476
Mill Run Development Group
Mr. Glenn Keefe
335 N. Queen Street
Kinston, NC 28501
Subject Property: Cutter Creek Subdivision
Neuse River Basin
PROJECT REVIEW IN TEMPORARY ABEYANCE
Dear Mr. Keefe:
On March 22, 2012, the Division of Water Quality (DWQ) received your
application dated March 14, 2012 to impact an additional 0.35 acres of Zone
1 on the subject property (Cutter Creek Golf Course). On April 30, 2012, the
DWQ issued a temporary abeyance of the project to address concerns
regarding the available buffer mitigation on the Mussel Run mitigation site.
On June 27, 2012, the DWQ issued a request for additional information to
address the concerns as outlined within the April 30, 2012 correspondence.
In addition, DWQ also requested an inventory of available riparian buffer and
stream credits available at Mussel Run mitigation site after DWQ staff has
documented lack of flow within the southern stream reach in multiple site
inspection. DWQ also requested the flow monitoring data and proof of
conservation easement be provided for the Mussel Run mitigation site as
approved in DWQ Project No. 2007 -0156 Ver. 4 on March 3, 2008 and revised
on March 5, 2008. DWQ also requested proof deed notification or similar
mechanisms were placed on retained wetlands, waters and protective buffers
at the Cutter Creek Golf Course as approved in DWQ Project No. 2007 -0156
Ver. 2 on December 20, 2007.
North Carolina Division of Water Quality Internet: www.newaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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On July 27, 2012 and August 31, 2012, the DWQ received additional
information submitted by Land Management Group, Inc. (LMG) on behalf of
the applicant. Within the respective correspondences, LMG provided a
summary of hydrological data collected from monitoring wells and other
observation indicating the presence of ordinary high water mark within the
tributaries at the Mussel Run mitigation site. In addition, LMG provided a
copy of the conservation restrictions for Cutter Creek Golf Course as
requested above.
On October 2, 2012, Amy Adams and Anthony Scarbraugh of the DWQ
Washington Regional Office met with William Wescott and Emily Greer with
US Army Corps of Engineers, Christian Preziosi, Kim Williams and Corey
Novak with LMG and Chip Little and Glenn Keefe with Mill Run Development
Group at Mussel Run Mitigation site. At the conclusion of the meeting, the
DWQ staff determined the southern reach originating at Ormondsville Road to
the confluence of the does not met criteria of an intermittent stream as
outlined in Methodology for Identification of Intermittent and Perennial
Streams and Their Origins (V.4.11, 2010). Therefore, the mitigation credit
associated with the reach will not be available. DWQ requested an on -site
inventory be completed to determine the riparian buffer credit available.
On October 12, 2012, the DWQ received a summary of buffer credit available
at the Mussel Run mitigation site. On October 18, 2012, the DWQ received
information indicating the owner of record is not the applicant. In addition, the
DWQ has received information indicating the approved conservation easement
has not been recorded. The DWQ has determined that although adequate
buffer mitigation is available at the Mussel Run mitigation site, the DWQ will
require additional information in order to process your application.
Therefore, unless we receive the additional information requested below, we
will have to move toward return of your application as required by 15A NCAC
2B .0233. This project will be placed "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. Buffer Mitigation
Please provide proof of ownership of the Mussel Run Mitigation site or
provide an alternative mitigation scenario to offset the buffer impacts
associated with the construction of Lake Nina at the Cutter Creek Golf
Course.
2. Proof of Conservation Easement
Provide proof of a recorded conservation easement or other
mechanism has been recorded in the Greene County Register of Deeds
office to preserve the restored stream and associated buffer for
perpetuity as stated in the Mitigation Plan approved by the DWQ on
March 3, 2008 and revised on March 5, 2008.

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Please respond within 30 days of the date of this letter by contacting me in
writing at the DWQ Washington Regional Office. This may be accomplished
by email.
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 Amy Adams of the Washington Regional Office at 252-
946 -6481 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
incerely,
For Charles Wakild, P.E.
cc: 401WBSCP Unit
File Copy
William Wescott, USACE, Washington Regulatory Field Office
Kim Williams, LMG Inc. PO Box 2522 Wilmington NC 28402
Filename: 07- 0156V5 Cutter hold /aa