20050949 Ver 1_More Info Letter_20051209

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December 9, 2005
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
DWQ#: 05-0949
Johnston County
1
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
M.. John Shallcross, Jr.
Partner's Equity Group
P.O. Box 1089
Smithfield,. North Carolina 27577
Subject: Moving toward Denial of Request for 401 Water Quality Certification
Residential Fill at Lots 18 and 19 at the Partner's Equity Group Subdivision
Johnston County
Dear Mr. Shallcross:.
Your application for a Water Quality Certification under Section 401 of the Federal Clean Water Act was
received on June 1, 2005, with more information received by the DWQ on June 17, 2005, August 8, 2005,
and November 11, 2005. The activity for which the Certification is requested is to allow fill of 1.9. acres
of wetlands located on Lots 18 and 19 in the Partner's Equity Group Subdivision, located on the west
side of SR 2398 (Industrial Park Road), approximately 0.5 mile north of NC. Highway 70 Business,
immediately north of Interstate 95, in Johnston County, North Carolina._ A Water Quality Certification
represents a determination by the Division that the activity, for which the federal permit or license is
being required, is not expected to result in a violation of state water quality standards for Waters of the
State.
After a thorough site inspection of your property and review of available documents regarding the
property, our staff has determined that lots (10, 11) 18 and 19, in accordance with 15 NCAC 211.0500,
have Deed Restrictions and Protective Covenants (Book 1931, Page 654, dated April 12, 2000) which
state:
"...1. A. portion of lots 10, 11, 18 and 19 have been. determined to meet the requirements. for designation.
as a regulatory wetland. Any subsequent fill or alteration of this wetland shall conform to the
requirements of the state wetland rules adopted by the State of North Carolina in force at the time of the
proposed alteration. The intent of this provision is to prevent additional wetland fill, so the property
owner should not assume that a future application. for fill would be approved... This covenant is intended
to ensure continued compliance with wetland rules adopted by the State of North Carolina and therefore
benefits may be enforced by the State of North Carolina. This covenant is to run with the land and shall
be binding on all parties and all persons claiming under them."
Noe Carolina
?turally
North Carolina Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Partner's Equity Group Subdivision
. Page 2 of 2
December 9, 2005
"...2. In order to comply with the 401 Certification and the associated storm water management plan
approved on February 11, 1998 (DWQ#970656) the following applies:
As much as reasonably practical a diversion of a portion of the storm water from lots 10, 11, 12 and 17
shall be made into the wetland areas either on the lot or in the wetlands on lots 18 and 19. "
As provided by 15A NCAC 2H .0506, our review must determine whether a proposed project will
remove or degrade the existing uses of a wetland. In accordance with these rules, the Division has
determined that the placement of fill into the above-referenced wetlands will degrade or totally removed
existing wetland functions and is therefore not an approvable project under 15A NCAC 2H .0506. This
conclusion is based on our determination that you have failed to demonstrate sufficient purpose and need
for this fill, as well as on our review of the permit history for this development.
Since this project will require an Individual 404 Permit from the U.S.. Army Corps of Engineers, the
review process with respect to the 401 Water Quality Certification cannot formally begin until a Public
Notice is issued for this project in accordance with 15A NCAC 2H.0503( c).. In the interim, I am hereby
notifying you that in accordance with 15A NCAC 2H .0507(e), we intend to. pursue formal denial of your
application for a 401 Water Quality Certification upon issuance of the Public Notice. We strongly advise
you to pursue alternative project designs which will not be in violation or contradiction of your existing
401. Water Quality Certification.
Should you have information that you believe may alter our decision, we are available to discuss this.
matter further.. Please direct such information, or questions. regarding this pending denial, to. Mr.. Ian
McMillan at 919-715-4631, Ms. Cyndi Karoly at 919-733-9721, or Mike Horan at our Raleigh Regional
Office at 919-791-4200:.
Sincerely,
Alan W. Klimek, P.E.
AWK/ijm
cc: Mike Horan, DWQ, RRO
Todd Tugwell, US Army Corps of Engineers, Raleigh Field Office
Ken Jolly, US Army Corps of Engineers, Wilmington District Office
File copy
Central files
Robin Little, 5409 New Rebel Court, Youngsville, NC, 27596-8856
Rebecca Fox, US Environmental Protection Agency - Region IV