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HomeMy WebLinkAbout20210932 Ver 1_More Information Received_20220421Strickland, Bev From: Matt Harrell <matt.harrell@carolinaeco.com> Sent: Thursday, April 21, 2022 11:11 AM To: Cohn, Colleen M Cc: George.L.Phillips@usace.army.mil Subject: [External] RE: McLaurin Farm DWR#20210932 Attachments: McLaurin Farm Subdivision / Fuquay-Varina / Wake County / SAW-2019-00984 / Request for Additional Information ; McLaurinFarm_PCN_ILF_RequestSOA_Signed.pdf; McLaurin Farm SD DMS Acceptance Letter.pdf; McLaurin_Impact Exhibit Rev.1_24x26_ 2022-04-04.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good morning, Sorry it took a while to get back to you I was trying to coordinate with the engineers for the project. I've gone ahead and attached the mitigation approval letter and the corrected impact exhibit with the road crossing cross-section included. Please see the points below for a more in depth description of the avoidance and minimization reasoning for the proposed crossing below. Shifting the road crossing south would lead to increased impacts to waters of the US and would affect the dam of the large pond off property. Shifting the road crossing north would lead to slightly less impacts to wetland WB but, could result in the loss of up to 10 lots or approximately 16% of the total lots of the community. Let me know if you have any additional questions or comments. Respectfully, Matt Harrell Environmental Scientist CAROLINA ECOSYSTEMS INC. 3040 NC Hwy 42 West Clayton NC 27520 (703) 919-2780 www.carolinaeco.com From: Cohn, Colleen M <colleen.cohn@ncdenr.gov> Sent: Monday, March 28, 2022 4:24 PM To: Matt Harrell <matt.harrell@carolinaeco.com> Cc: George.L.Phillips@usace.army.mil Subject: McLaurin Farm DWR#20210932 Good afternoon, I am reviewing the above referenced project, and in order to complete the review, some additional information is required: i 1) If the US Army Corps of Engineers has requested additional information, please provide a copy of the request and your response. 2) It appears that mitigation is required. The application indicates that you a pursuing payment to an in -lieu fee program to satisfy mitigation requirements and that an approval letter was attached to the application. I do not see a Statement of Availability included in the attachments. Please provided a copy of a Statement of Approval from a private mitigation bank or an in -lieu fee program. 3) Impacts on Impact Exhibit EX-1 appear to be mislabeled on the legend. According to the legend, blue should indicate a temporary impact while orange indicates a permanent wetland impact. The entire permanent roadway crossing is marked blue. Please revise the Impact Maps. 4) Please provide a cross-section of the proposed road crossing culvert(s). 5) Please provide additional details/explanations regarding avoidance and minimization of impacts for this road crossing. 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 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. 2 Strickland, Bev From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Friday, February 25, 2022 4:52 PM To: bclark@mungo.com; Matt Harrell Subject: McLaurin Farm Subdivision / Fuquay-Varina / Wake County / SAW-2019-00984 / Request for Additional Information Mr. Clark and Mr. Harrell, I have reviewed the PCN submitted for the above referenced project and need the following comments/questions addressed to evaluate the proposed activities. 1) Please send me the ILF letter referenced in the PCN. It may have been an upload error on the Laserfiche site, but I do not have it in my file. Typically, compensatory mitigation is required at a 2:1 credit to impact ratio unless otherwise justified based on evaluation of aquatic function. 2) Based on the sites adjacency to the historic study listed Burt Farm (WA 0538) I will be sending this project for review by the State Historic Perseveration Office. As such, Section 106 is incomplete to date. Please let me know if you have any questions/concerns. Lyle Phillips Regulatory Specialist US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 25. Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/ . Thank you for taking the time to visit this site and complete the survey. 1 DMS ILF Mitigation Request Statement of Compliance with §143-214.11 & 143-214.20 (link to G.S. 143-214.11) Prior to accessing the Division of Mitigation Services (DMS), state law requires applicants to demonstrate compliance with G.S. § 143-214.11 and 143-214.20. All requests MUST include this form signed and dated by the permit applicant or an authorized agent. Compliance Statement: I have read and understand G.S. § 143-214.11 and 214.20 and have, to the best of my knowledge, complied with the requirements. I understand that participation in the DMS is voluntary and subject to approval by permitting agencies. Please check all that apply: Applicant is a Federal or State Government Entity or a unit of local government meeting the requirements set forth in G.S. 143-214.11 and is not required to purchase credits from a mitigation bank. There are no listed mitigation banks with the credit type I need located in the hydrologic unit where this impact will take place (link to DWR list) Mitigation bank(s) in the hydrologic unit where the impacts will occur have been contacted and credits are not currently available. The DWR or the Corps of Engineers did not approve of the use of a mitigation bank for the required compensatory mitigation for this project. This is a renewal request and the permit application is under review. Bank credits were not available at the time the application was submitted. Enter date permit application was submitted for review: Note: It is the applicant's responsibility to document any inquiries made to private mitigation banks regarding credit availability. MH initial here I have read and understand the DMS refund policies (attached) Matthew Harrell Date: Digitally 2022 signed Matthew Harrell 01.25Y10:46:32-05'00' Matthew Harrell Signature of Applicant or Agent Printed Name 01/25/2022 Date McLaurin Farm Subdivision Project Name Wake County, NC Location Clear Form DIVISION OF MITIGATION SERVICES (DMS) IN -LIEU FEE REQUEST FORM Revised 6/30/2019 Complete requested information, sign and date, email to kelly.williamstncdenr.gov . Attachments are acceptable for clarification purposes (location map, address or lat long is required). Information submitted is subject to NC Public Records Law and may be requested by third parties. Save Form CONTACT INFORMATION 1. Business/Company Name 2. Contact Person APPLICANT'S AGENT APPLICANT Carolina Ecosystems, Inc. Mungo Homes Matthew Harrell Brett Clark 3. Mailing address 3040 NC 42 W 2521 Scheiffelin Rd, Suite #116 4. City, State, Zip Clayton, NC 27520 Apex, NC 27502 5. Telephone Number (703) 919-2780 (919) 901-2595 6. E-Mail Address matt.harrell@carolinaeco.com bclark@mungo.com PROJECT INFORMATION 7. Project Name McLaurin Farm Subdivision 8. Project Location (nearest town, city) Fuquay-Varina 9. Lat-Long Coordinates or attach a map 35.5822, -78.8616 10. County Wake 11. River Basin & 8-digit HUC (link to Map) 03030004 12. Project Type nGovernment pi Private Project Type: other 13. Riparian Wetland Impact (ac.) (e.g., 0.13) 0.35 14. Non -Riparian Wetland Impact (ac.) 0 15. Coastal Marsh Impact (ac.) 0 16. Stream Impact (ft.) (e.g. 1,234) Warm Cool Cold 0 0 0 17. Riparian Buffer Impact (sq. ft.) n/a basin/huc above in #11 Zone 1: 0 Zone 2: 0 18. Regulatory Agency Staff Contacts USAGE: Lyle Phillips NCDWR: Colleen Cohn Other: Check (..) below if this request is for a: I I revision to a current acceptance renewal of an expired acceptance extension of unexpired acceptance By signing below, the applicant is confirming they have read and understand the DMS refund policy posted at nceep.net and attached to this form. Signature of Applicant or Authorized Agent: Matthew Harrell DDaea12022.012511^:40:14-05'0011 Date: 01/25/2022 Direct questions to Kelly Williams at 919-707-8915 or kelly.williams(c�ncdenr.gov or to the front desk at 919-707-8976 Refund Policy for Fees Paid to DMS In -Lieu Fee Programs (9/21/2009) Purpose: The purpose of this policy is to make clear the circumstances and process under which a permittee can obtain a refund while simultaneously balancing customer service and responsible business practices. This policy applies to all refund requests made on or after the publication date of this policy. Policy Statement: The policy of DMS is to allow for refunds under certain conditions. 1. All refund requests must be made in writing to the DMS In -Lieu Fee Program Coordinator at kelly.williams@ncdenr.gov. 2. All refund requests are subject to fund availability. DMS does not guarantee fund availability for any request. 3. The request must either come from the entity that made the payment or from an authorized agent. Third parties requesting refunds must provide written authorization from the entity that made the payment specifying the name and address of the authorized refund recipient. 4. Refund requests related to unintended overpayments, typographical errors or incorrect invoices should be brought the attention of the In -Lieu Fee Program Coordinator as soon as possible. Such requests are typically approved without delay. 5. Payments made under an incremental payment arrangement are not eligible for refunds. 6. Refund requests made within nine months of payment to DMS will only be considered for requests associated with projects that have been terminated or modified where the permittee's mitigation requirements have been reduced. Such requests must be accompanied by written verification from the permitting agency that the project has been canceled, the permits have been rescinded or have been modified, or the mitigation requirements have been reduced. 7. Refund requests made more than nine months from the payment date will only be considered for permits that were terminated or modified to not require any mitigation. Such requests must be accompanied by written verification from the permitting agency that the project has been canceled, the permits have been rescinded and/or mitigation is no longer required. 8. Refund requests not meeting the criteria specified above are not eligible for a refund. 9. Refund requests that meet the criteria above will be elevated to DMS Senior Management for review. The following considerations apply to all refund requests: a. availability of funds after consideration of all existing project and regulatory obligations b. the date the payment was made c. the likelihood DMS can use the mitigation procured using the payment to meet other mitigation requirements 10. Once a refund has been approved, the refund recipient must provide a completed W-9 form to the DMS In -Lieu fee Program Coordinator within two weeks in order to process the refund though the State Controller's Office. 11. All decisions shall be final. ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality Brett Clark Mungo Homes 2521 Schieffelin Road, Suite # 116 Apex, NC 27502 January 26, 2022 Expiration of Acceptance: 7/26/2022 Project: McLaurin Farm SD County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Cape Fear 03030004 Riparian Wetland 0.35 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. cc: Matthew Harrell, agent fD,E CV„) RC TH CAPOI IRA Ekomehrw,IefExikersre.ta,Na•a Y Sincerely, FOR James. B Stanfill Asset Management Supervisor North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 LEGEND OHW W OHW W —325- 324 325 — 324 NOTES EX. PROPERTY LINE EX. RIGHT-OF-WAY EX. ADJACENT OWNERS EX. EASEMENT EX. OVERHEAD ELECTRIC LINE EX. WATER LINE EX. WETLAND EX. CHANNEL/STREAM EX. CHANNEL/STREAM BUFFER EX. SURFACE WATER PROP. RIGHT-OF-WAY PROP. LOT LINES PROP. SETBACK LINE PROP. EASEMENT EX. MAJOR CONTOUR (5') EX. MINOR CONTOUR (1') PROP. MAJOR CONTOUR (5') PROP. MINOR CONTOUR (1') PROP. STORM SEWER PROP. HEADWALL (HW) TEMPORARY WETLAND IMPACT PERMANENT WETLAND IMPACT 1. TOPOGRAPHIC DATA PROVIDED BY CAWTHORNE, MOSS & PANCIERA, P.C. ON FEBRUARY 9, 2021. 2. SURFACE WATERS, WETLANDS AND STREAMS SHOWN DELINEATED BY CAROLINA ECOSYSTEMS, INC. 3. PROPOSED CONTOURS SHOWN REPRESENT FINISH GRADES. 4. ALL CONSTRUCTION TO BE CONDUCTED IN ACCORDANCE WITH NCDEQ STANDARDS. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITIONS THROUGHOUT CONSTRUCTION. 5. CONTRACTOR SHALL RESTORE AND STABILIZE ALL TEMPORARILY IMPACTED FEATURES WITH NATIVE VEGETATION. N O I ±VAD 1 D 7 0 CV 01 45' 01 N N EX. WETLAND WB TEMPORARY WETLAND WB IMPACT (W3) 1,115 SF PERMANENT WETLAND — WB IMPACT (W1) 15,348 SF LD LD 420- 410 PROP. GRADE PROP. WING WALL (TYP.) EX. GRADE PROP. 54" CULVERT —420 w u- EG: 413.00 C9 EG: 414.21 FG: 419.00 410 wu- -0+50 CALL 48 HOURS BEFORE YOU DIG NORTH CAROLINA ONE -CALL CENTER 1-800-632-4949 0+00 1+00 STATION CROSS SECTION A -A HORIZONTAL SCALE: 1" = 40' VERTICAL SCALE: 1" = 4' 2+00 LD n� n-1 i IMPACT TABLE WETLAND IMPACTS TEMPORARY PERMANENT WETLAND WB (W1, W2 & W3) 2,547 SF (W2 & W3) 15,348 SF (W1) -\ \ A9 `` 415_ TEMPORARY WETLAND WB IMPACT (W2) 1,432 SF WORK AREA '1, BASE FLOW + 1' (2' MIN.) "-I 1 1-1 1 1-1 1 1 -1 11=1 DIKE SECTION NOTES: WATER LEVEL 1. PUMP AROUND DIKES SHALL NOT BE SET OUTSIDE THE LIMITS OF DISTURBANCE/IMPACT LIMITS SHOWN ON THE PLANS. 2. INSTALL PUMP AROUND DIVERSION AND DEWATER THE CONSTRUCTION ZONE THROUGH THE DEWATERING DEVICE. THE CONTRACTOR SHALL STAGE THE LIMITS OF THE PUMP AROUND FLOW DIVERSION TO DEWATER ONLY THAT SECTION SCHEDULED FOR THAT DAY'S WORK. AT THE END OF EACH WORK DAY, THE WORK AREA SHALL BE SABILIZED, THE PUMP AROUND REMOVED, AND THE FLOW RESTORED TO THE CHANNEL. WORK SHALL BE COMPLETED ONLY DURING FORECAST PERIODS OF DRY WEATHER. J SEE CROSS SECTION A -A _ (THIS SHEET) 420 o PROP. 96 LF 54" CLASS III RCP o+ CULVERT WITH HEADWALLS Ni CV STREAM DIVERSION PUMP INTAKE HOSE FLOW 24" DIAMETER SUMP OR POOL (12" TO 18" DEEP) CLEAN WATER DIKE (SEE DIKE SECTION) — 420 - 0-1 01 01 - 01 01 90' LD 0 0 G EX. POND PA SILT BAG (OR OTHER APPROVED DEWATERING DEVICE) DEWATERING PUMP INTAKE HOSE AIMOIPTo** I , WORK AREA LENGTH NOT TO EXCEED THAT WHICH CAN BE COMPLETED IN ONE DAY SEDIMENT DIKE (SEE DIKE SECTION) • • ♦ DISCHARGE ONTO A STABLE VELOCITY DISSIPATOR MADE OF RIPRAP OR SANDBAGS F LOW �J LD LD FIM ENGINEERING POST OFFICE BOX 91727 RALEIGH, NORTH CAROLINA 27675 PHONE: 919.610.1051 FIRM NC LICENSE NUMBER C-4222 REVISION HISTORY REV DESCRIPTION DATE BY DWR COMMENTS 4/4/2022 FLM ORIGINAL PLAN SIZE: 24" X 36" ISSUED FOR PERMITTING DO NOT USE FOR CONSTRUCTION 20 10 0 20 SCALE: 1 INCH = 20 FEET SCALE ADJUSTMENT THIS BAR IS 1 INCH IN LENGTH ON ORIGINAL DRAWING 0 1" IF IT IS NOT 1 INCH ON THIS SHEET, ADJUST YOUR SCALE ACCORDINGLY CONSTRUCTION PLANS McLAURIN FARM SUBDIVISION 6532 & 0 B U RT ROAD FUQUAY-VARINA, NC 27526 CAPITAL LAND, LLC DATE: 06-07-21 SCALE: AS SHOWN DESIGNED BY: FLM APPROVED BY: FLM PROJECT NO.: 19008 IMPACT EXHIBIT EX-1 PUMP AROUND DETAIL NO SCALE SHEET 1 OF 32 © 2021 THIS DRAWING SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN PERMISSION OF FLM ENGINEERING, INC.