20220972 Ver 1_More Info Requested_20220902

DocuSign Envelope ID: CCBDAD3B-AE83-4CB2-99E8-46CC3D1 D65D4
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 2, 2022
DWR # 20220972
Wake County
BCUS Acquisitions LLC
Attn: Mr. E. William Meyer
4020 West Chase Boulevard Suite 150
Raleigh NC 27607
Delivered via email to: chris.ferraguto@brookfieldpropertiesdevelopment .com
Subject: REQUEST FOR ADDITIONAL INFORMATION
Ammons Project
Dear Mr. Meyer:
On July 18, 2022, the Division of Water Resources (Division) received your application requesting an
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. A review of the project cannot be completed until the completion of a 30-day public notice as
issued by the US Army Corps of Engineers. 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. Please provide evidence of USACE verifications of the wetland and steams as shown on the
overall plan sheet.
3. In order to adequately assess DWR stream mitigation requirements for the proposed project,
please provide indication of intermittent/perennial stream determinations for all stream
features and provide DWR stream forms to support the determinations.
4. The proposed overall plan sheet does not appear to match the buffer determination issued
by DWR March 4, 2022:
a. Stream H does not appear on the proposed plan sheet;
b. Please verify that the start points of Streams AA and Z have been accurately surveyed
and shown on the plan sheets as they appear shorter than shown on the DWR buffer
approval map;
D_E
NORTH CAROLINA
napermrene m E,mimnmemal gnaiiry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: CCBDAD3B-AE83-4CB2-99E8-46CC3D1 D65D4
BCUS Acquisitions LLC
DWR# 20220972
Request for Additional Information
Page 2 of 4
c. Stream A above the confluence of Stream F, as shown on the approved map from
buffer determination letter (shown below circled in blue) does not appear on the
proposed plan sheet.
5. The application states that proposed project will require permanent and temporary impacts
to Waters of the US and Waters of the State, however the impact information provided does
not clearly indicate which impacts are proposed as permanent and which are proposed as
temporary. Please provide a detailed breakdown of temporary and permanent impacts for
each proposed impact area.
6. Please provide proposed impact drawings that include grading limits for roadways so that
culvert lengths and buffer impact areas can be sufficiently reviewed. In addition, it appears
that buffer impacts are not proposed outside of the culvert/road fill, however it is the
Division's experience that dewatering activities and installation of riprap aprons require
additional buffer clearing. Please ensure that all buffer impacts are appropriately indicated
on the plans.
7. It appears that buffers that are shown on the impact sheets may have been determined from
the existing stream centerline. Pursuant to 15A NCAC 02B .0714(8)(a) the Zone 1 buffer
begins at the most landward limit of top of bank. Please provide clarification or updated
impact sheets and an updated impact table accordingly.
8. The application states that the applicant determined that avoidance of the general fill for
residential lot construction was not practicable. Please provide specific details as to how this
NORTH ntntF NA
oeperereM m Environmental Puenry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: CCBDAD3B-AE83-4CB2-99E8-46CC3D1 D65D4
BCUS Acquisitions LLC
DWR# 20220972
Request for Additional Information
Page 3 of 4
evaluation was determined. Given the size of the development it is not clear that the loss of
a small percentage of lots would render the project financial unviable. A detailed analysis
should be provided for each impact area individually, as well as the total to avoid both
impact areas. Please note that any financial evaluation provided should include the cost of
mitigation for the proposed wetland impacts. Please provide conceptual plan sheets with
impacts areas and estimated amounts for On -site Alternatives 1 and 2,
9. The profile of Culvert Impact R1 and R3 do not indicate that the culverts will be buried at the
inlet and outlet to ensure aquatic passage. Please clarify why or provide a revised profile
drawing for the impact.
10. The inlet alignment of the culvert at impact R3 appears to be at an extreme angle with the
natural channel. The Division has significant concerns about the proposed alignment causing
the upstream channel to become unstable. Please realign the culvert or otherwise address
impacts that would be expected to occur upstream of the current alignment.
11. The riprap apron proposed at Impact R3 is extensive. It is the Division's experience that
when excessively long riprap aprons are required for velocity control and/or stability that
natural stream function is not maintained and therefore these impacts should be considered
as permanent loss of stream and included in mitigation amounts. Please revise the
application materials accordingly.
12. Please specify the width of the sewerline construction corridor and the width of the
proposed permanent maintenance corridor for all sewerline impact areas. For any areas with
a construction corridor greater than 40 feet or a permanent maintenance corridor greater
than 30 feet please provide justification for the proposed widths.
13. Impact S2 is a proposed sewerline crossing that does not appear to connect to anything.
Please provide additional information as to the purpose of this crossing location.
14. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued
upon determining that the proposed activity will comply with state water quality standards
which includes designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the
proposed activity will comply with water quality standards, the Division shall evaluate if the
proposed activity: (2) would cause or contribute to a violation of water quality standards; (3)
would result in secondary or cumulative impacts that cause or contribute to, or will cause or
contribute to, a violation of water quality standards;" Based on the information provided
with the application, the Division believes there is potential for indirect impacts to the
following features within the overall project limits:
a. The large wetland adjacent to a SCM in the vicinity of impacts S2 & S3;
b. The wetland and stream adjacent to and below impact R2;
c. The stream above S10;
d. The stream above S13
NORTH raaoJNa
Department at Environmental Puolity
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: CCBDAD3B-AE83-4CB2-99E8-46CC3D1 D65D4
BCUS Acquisitions LLC
DWR# 20220972
Request for Additional Information
Page 4 of 4
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 sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR 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
Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Electronic cc:
NORTH raaoJNa
Department at Environmental Puolity
Sincerely,
,—DocuSigned by:
P.11O0iod .
`-949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Meagan Jolly, Wetlands & Waters
Samantha Dailey, USACE Raleigh Regulatory Field Office
Colleen Cohn, DWR RRO
DWR 401 & Buffer Permitting Branch file
Filename: 20220972 Ammons Dev Wake IP addinfo.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000