20220518 Ver 1_More Info Requested_20220511

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

May 11, 2022

DWR # 20220518
Wake County

Legacy Cary LLC
Attn: Mr. Derek Boesch
10720 Sikes Place #150
Charlotte NC 28277

Delivered via email to: [e-mail]

Subject: REQUEST FOR ADDITIONAL INFORMATION
Legacy - Cary

Dear Mr. Boesch:

On March 31, 2022, the Division of Water Resources (Division) received your application requesting a
401 Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on-hold
until all of the following information is received:

1. If the U.S. Army Corps of Engineers requests a response to any comments received as a result
of the Public Notice, please provide the Division with a copy of your response to the USACE.
2. The application states that Twyla Rd is required to be constructed to the northern cul-de-sac.
Please provide further justification for the need for road improvements beyond the traffic
circle at the entrance into Legacy Cary. It is not evident that the impacts associated with this
portion of the road are necessary.
3. Will these roadways be conveyed to the Town upon completion? Please clarify.
4. Please clarify how stormwater will be collected and treated from the improved Twyla Rd and
the new portion of Stockwell Lane. Please note that if the road is to become a publicly
maintained roadway then stormwater from the roadway must be treated in accordance with
regulations applicable to linear transportation facilities. If the road, or any portion thereof,
will not be maintained by the Town or NCDOT in the future then all stormwater from the
roadway must be treated as part of the development.
5. The application states that Stream 2 is an intermittent channel, however Figure 6 indicates
that the stream is Perennial. Please clarify. Based on remote mapping it appears that Stream
2 is sufficiently large to be classified as Perennial throughout the project limits.
6. Please provide NCDWR stream forms to support the classification of Streams 1 and 3 as
intermittent streams/stream segments.

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Legacy Cary LLC
DWR# 20220518
Request for Additional Information
Page 2 of 3

7. Please clarify if Wetland K has been delineated by the USACE. Figure 6 and Wetland Impact
maps show Wetland K, however the figure attached to the USACE JD does not include a
wetland at this location.
8. The Impact maps and PCN application do not appear to include impacts to Wetland D
however the proposed site plan appears to eliminate Wetland D.
9. Impacts to Wetland E appears to be for the purpose of “future commercial use”. In order to
adequately document Avoidance and Minimization, please provide a specific site plan for this
development area. It appears that impacts to this wetland could be minimized by reducing
the fill area slightly which would still provide for a sufficient area for future commercial use.
10. The application states that further avoidance and minimization cannot accomplished because
it would cause a loss in area to provide stormwater control measure (SCM). While the
Division recognizes the need for the project to provide for property stormwater
management, there are wide variety of treatment options for meeting stormwater
requirements, including providing multiple smaller SCMs, SCMs that can be integrated into
greenspace, and/or require smaller acreage. Please either provide further justification for
this statement or remove it from the onsite alternative analysis.
11. Please clarify why the culvert for Stream 3 is proposed to be installed at a 2% slope to reduce
outlet velocity, however the culvert for Stream 2 is proposed for a 2.83% slope. Given that
Stream 3 starts under the roadway fill, it is unclear what surface flow would be generating
increased velocity.
12. Please provide a restoration plan detail and vegetation planting plan for the temporary
impact areas.
13. The Division questions whether Stream 4 will continue to function at the same level upon
construction of Stockwell Lane. It appears to be a stream that is formed by flow from the
upslope wetland. Construction of Stockwell Lane will divert most of the flow in the area into
the two culverts, therefore bypassing Stream 4, starving its hydrology, and reducing its
function.
14. Please clarify how the riprap dissipators will be installed such that the remainder of Wetland
J below the culverts will continue to function. The Division is concerned that excavation of
the area to install the culverts and the large dissipators will cause significant changes to the
hydrology of the wetland in this area.

Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).

If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.

Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Legacy Cary LLC
DWR# 20220518
Request for Additional Information
Page 3 of 3

Statutes and Administrative Code.

Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

Electronic cc: Troy Beasley, WithersRavenel
April Norton, USACE Raleigh Regulatory Field Office
DWR RRO
DWR 401 & Buffer Permitting Branch file

Filename: 20220518_Legacy Cary SD_Wake_Addinfo.docx