20210738 Ver 2_Update SOA_20220112

Strickland, Bev
From: Laura G <[e-mail]>
Sent: Wednesday, January 12, 2022 9:56 AM
To: Cohn, Colleen M
Subject: Re: [External] Re: Fee Received for 149 Chimney Rise Driveway and Erosion Control in
Zone 1 ID # 20210738 Ver 2
Attachments: Buffer SOA - 149 Chimney Rise Driveway.pdf
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Hi Colleen - SOA attached.
Laura
On Tue, Jan 11, 2022 at 3:46 PM Cohn, Colleen M <[e-mail]> wrote:
Hey Laura,
Just getting a chance to look at this again.
Based on the information in Slide 1 of the Powerpoint sent 1/6/2022, it looks like there is 250 square feet of
concrete pavement in Zone 1, and another 100 square feet in Zone 1 for the pavers, totaling 350 square feet.
Mitigation for Zone 1 is at a 3:1 ratio, so 350x3= 1050 square feet of mitigation. The SOA dated 1/6/2022 is
for 350 sq ft of mitigation. Please provide an updated SOA.
Thank you,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
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Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laura G <[e-mail]>
Sent: Thursday, January 6, 2022 12:20 PM
To: Cohn, Colleen M <[e-mail]>
Subject: Re: [External] Re: Fee Received for 149 Chimney Rise Driveway and Erosion Control in Zone 1 ID
# 20210738 Ver 2
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Hello Colleen,
See below in blue along with attachments. Thanks for your help!
Laura Greenan
919-618-2120
On Mon, Jan 3, 2022 at 4:50 PM Cohn, Colleen M <[e-mail]> wrote:
Hi Laura,
See below in red.
2

Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laura G <[e-mail]>
Sent: Tuesday, December 14, 2021 4:03 PM
To: Cohn, Colleen M <[e-mail]>
Subject: Re: [External] Re: Fee Received for 149 Chimney Rise Driveway and Erosion Control in Zone 1 ID
# 20210738 Ver 2
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Hello Colleen - Thanks for these links. They were very so helpful.
1 - I have the army corp response attached. (Just FYI - I would like to continue to secure the permit for coir
however we'll likely progress with rip rap rather; already permitted under DWR#20210738). Received, thank
you. However, please note that while the USACE only says "fill", while DWR specifies rip rap versus coir
logs. A new 401 for coir logs would replace the previously issued 401 for the rip rap. We would not want to
replace our rip rap permit, please cancel my separate coir submission to DWR.
2 - I updated the plan view in attached Slide 1 as you're right, I had the 20' vs 30' switched in the Zones. I'm
not seeing the Zones on slide 1. The area in review all exists within Zone 1 (no changes did or will occur in
Zone 2) - I added a line to the attached.
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3 - I'm waiting on some pricing for mitigation credits and working with one of the private banks. I need an
SOA before I can continue my review. For Zone 1 impacts, mitigation is 3:1. Also attached
4 - Concrete pavers example is on Slide 4. The engineer confirmed no need for a french drain as the pavers
would work as a 'dry creek' and allow water flow with maintaining stabilization and prevent erosion without
dispersing or consolidating waterflow. This is adding impervious surface to the buffer, and it is unclear where
this would fit under the Buffer Rules. From my understanding of your application, the pavers are proposed
primarily for parking/driveway impacts. It becomes swampy due to poor run off (puddling here is significant)
so even if no one drives on it, it requires stabilization which I don't think requires mitigation, however I'm fine
to solidfy permit with mitigation (sq ft included in the SOA) and establish it as a driving space. Basically the
HOA couple that neighbors us (who ruled we remove our encroaching wall despite having their own
encroaching wall on their property and many others owners have encroaching retaining walls around the
lake!), they block our driveway easement so we, and anyone who needs to turnaround here, cannot do it on
the intended easement drive and use our property here instead - which really tears up our slope. Since he's the
President of the HOA and aggressively made it clear he won't work with us (hence our wall removal - costing
us thousands) we're working on getting a lawyer to demand he stop blocking our easement ... but until then I
believe these pavers will prevent the traffic from destroying our land. So short answer, yes, driveway impacts.
5 - The timber border shown on Slide 3 also stabilizes the shoreline and maintains the same outflow of water
as it's not a 'wall' really but stabilizes and maintains the slope as it's currently eroding quickly. Am I
understanding correctly that you are proposing 50ft by 0.5ft (25 sq ft) of impacts for a timber border to protect
the driveway? I'm a little confused as to the proposed location on the maps. Yes however over 25+ feet
already existed with the original build, also the wall is not driveway related but slope related. I can provide
pictures of other retaining walls around the lake that work as stabilization which I don't believe requires
mitigation but just let me know. Also if I should submit the wall as a separate permit from the driveway just
let me know.
I've reached out to a mitigation bank to start the process but I was curious if since the "Use" of this land was
for parking and turnaround as of 1991 before buffer rules were established... Is it possible for DWR to issue a
letter that the Use of this land was in existence and exempt? This area was cleared of vegetation and was
impervious clay with the timber border prior to the project so the 'Use' itself did not change just in this
instance. Only the footprint of the existing use prior to the buffer rules would be exempt. Mitigation is
required for the additional impacts outside of the original footprint. Thanks for checking. With the removal of
the original wall we lost over 80 square feet of original driveway use. (this is the trapezoid shape in slide 1).
I also wondered if by salvaging our shoreline, onsite mitigation could be considered otherwise? I can certainly
move forward with bank credits but did want to see if you thought PRM was an option in this case as we're
not only stabilizing, adding vegetation but on the other side of our property have gained the permit to stabilize
that shoreline which has previously eroded several feet in the 6 years of owning and we have just lost another
tree last month. The rip rap project will prevent further losses (permitted DWR #20210738). Would that be a
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consideration if the Use is not considered existing? A mitigation bank is recommended Thanks for
confirming.
Thanks for the time reviewing this! Feel free to call if you would like to ask or confirm anything quickly.
Laura Greenan
919-618-2120
On Mon, Nov 22, 2021 at 4:32 PM Cohn, Colleen M <[e-mail]> wrote:
Hi Laura,
I am beginning my review for this project, and I need some additional information to complete my review:
1. Have you spoken with the US Army Corps of Engineers concerning the use of coir logs? If so, can you
please provide a copy of the correspondence?
2. I'm having a difficult time reading the plan view for the concrete driveway. The labels are blurry, but it
looks like the line indicating the end of Zone 1 is approximately 20 feet from the edge of bank, not 30 feet.
The two labels in Zone 1 appear to read 17.5' and 22.5' respectively. Please provide a vicinity map with
clearer labels that confirm that the location of Zones 1 & 2. Additionally, please confirm the impact amounts
within Zones 1 and 2.
3. It appears that the concrete work for the driveway addition falls under Driveways — Impacts other than
perpendicular crossings of streams, which is Allowable with Mitigation Upon Authorization [15A NCAC
02B .0714(11)(x)]. After confirming the impact amounts within Zones 1 and 2, you must seek mitigation
from a private mitigation bank and then, if not available, the NC Division of Mitigation Services can be
contacted. You can view mitigation banks here: https://deq.nc.gov/about/divisions/water-resources/water-
quality-permitting/401-buffer-permitting-branch/nutrient Please provide a statement of availability from a
private mitigation bank.
4. Please provide more detail concerning the "concrete or pavers near asphalt" and the "French drain"
mentioned in the vicinity map. What is the purpose of the concrete/pavers?
5. Please provide more detail concerning the 18" timber wall. What is the purpose of the wall? Would this
prevent the dispersed flow of stormwater through the buffer?
Thank you,
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Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laura G [mailto:[e-mail]]
Sent: Tuesday, October 26, 2021 9:52 AM
To: Cohn, Colleen M <[e-mail]>
Subject: Re: [External] Re: Fee Received for 149 Chimney Rise Driveway and Erosion Control in Zone 1
ID # 20210738 Ver 2
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Hi Colleen - I appreciate letting me know. Hope your week goes well.
Laura
Sent from my iPhone
On Oct 26, 2021, at 9:30 AM, Cohn, Colleen M <[e-mail]> wrote:
Hi Laura,
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No, I do not think that I will get to this one this week.
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laura G [mailto:[e-mail]]
Sent: Monday, October 25, 2021 1:39 PM
To: Cohn, Colleen M <[e-mail]>
Subject: Re: [External] Re: Fee Received for 149 Chimney Rise Driveway and Erosion
Control in Zone 1 ID # 20210738 Ver 2
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as an attachment to Report Spam.
Hi Colleen - I don't want to bother you and I'm sure my project is still in queue. I've got a
submission going to my HOA for yard improvements and would love to have your review by
then but I completely understand if I just didn't get in queue fast enough. Just wondering if
you anticipate feedback anytime this week? Really do hate to bother you, I'm sure all projects
are pressing!
Kind Regards,
Laura Greenan
919-618-2120

On Mon, Oct 4, 2021 at 2:09 PM Cohn, Colleen M <[e-mail]> wrote:
Hi Laura,
I see this project in my queue, but I have about 20 projects ahead of it. I expect that it will be
a few weeks before I can review this project. If I have any questions, please know that I will
not hesitate to reach out to you.
Thanks,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laura G [mailto:[e-mail]]
Sent: Monday, October 4, 2021 10:23 AM
To: Cohn, Colleen M <[e-mail]>
Subject: [External] Re: Fee Received for 149 Chimney Rise Driveway and Erosion Control
in Zone 1 ID # 20210738 Ver 2
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email as an attachment to Report Spam.
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Hello Colleen -
Just touching base to see if you have questions or need me to re -do any part of the
application with different data/pics. We're hoping to start landscaping soon and just want to
make sure we're fully ok to move forward. Feel free to call or text as well.
Kind Regards,
Laura Greenan
919-618-2120
On Mon, Sep 27, 2021 at 2:09 PM Laura G <[e-mail]> wrote:
Hi Colleen!
Looks like everything worked out! Just let me know if you need any additional info on our
application or plans.
Thanks for catching up last week,
Laura Greenan
919-618-2120
On Mon, Sep 27, 2021 at 12:16 PM <[e-mail]> wrote:
The North Carolina Division of Water Resources has received the application called 149
Chimney Rise Driveway and Erosion Control in Zone 1 that you submitted on with
corresponding fee received on 9/24/2021. The ID number for that project is 20210738,
Version 2.
Reviewer Contact Information: Colleen Cohn - [e-mail]
Reviewing Office: Raleigh Regional Office - [phone]
If you have questions, please contact one of the staff members listed below:
Transportation Projects Contact: Kristi Lynn Carpenter at [e-mail]
All other Projects Contact: Sheri Montalvo at [e-mail]
Project file link:
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https://edocs. deq.nc. gov/WaterResources/Browse.aspx?dbid=0&startid=1996595
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fires
EBX Buffer Mitigation Banks
Statement of Availability January 12, 2022
NC Division of Water Resources
Colleen Cohn
512 N. Salisbury St.
Archdale Building, 9th floor
Raleigh, NC 27604
Re Project: 149 Chimney Rise Driveway and Erosion Control in Zone 1 ID # 20210738 Ver 2
This document confirms that the Laura Greenan (Applicant) for the 149 Chimney Rise Driveway and
Erosion Control in Zone 1 ID # 20210738 Ver 2 (Project) has expressed an interest to utilize 1050
Square Feet of Riparian Buffer Mitigation Credits from one or both of the following banks, EBX-
Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank or EBX Upper Neuse Riparian Buffer
Umbrella Mitigation Bank. Specific bank sites that will be debited will either be Buffalo Branch, Bucher,
Selma Mill, Cedar Grove, Polecat, Stone Creek, Hannah Bridge, Meadow Spring, Poplar Creek, Uzzle
and/or Hatley, all located in HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC and EBX,
attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 854.900.3222 or [e-mail] if you have any questions or need additional
information.
Best Regards,
VG,,./"...__
David Lach
Resource Environmental Solutions, LLC
701 E. Bay Street, Suite 306
Charleston, SC 29403
Bank Sponsor — EBX-Neuse I, LLC or Environmental Banc & Exchange (EBX)