20070184 Ver 1_More Info Received_20071017

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October 16, 2007
Ian McMillan
NC Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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WATER OAK
Re: Carolina Lakes Block T
Project modifications for further avoidance and minimization of wetland impacts
Dear Mr. McMillan:
This is in reply to DWQ's letter of September 6, 2007 to Mr. Bruce Blackmon of the Carolina
Lakes Development Company (CLDC). As WATER OAK had communicated to you by voice
mail message, CLDC has been working to respond to the items of concern mentioned in DWQ's
letter, viz., 1) road crossings impacts at "F" and "G," and 2) a compensatory mitigation plan.
Related efforts included an October 1, 2007 meeting between CLDC's project engineer (Mr. Bob
Bracken) and Mr. Ken Averitte of DWQ.
With regard to DWQ's concerns about impacts at the road crossings locations labeled as "F" and
"G," CLDC has developed a modified plan for the proposed Carolina Lakes Block T project that
results in further avoidance and minimization of wetland impacts. The proposed modified plan
was developed according to an understanding established during the October 1, 2007 meeting
between Mr. Bracken and Mr. Averitte. At that meeting (as conveyed to WATER OAK by Mr.
Bracken) Mr. Averitte emphasized the importance of avoidance at location "F," but made
allowance for impacts at location "G" in order that the road patterns not become too convoluted
as a cumulative outcome of avoiding "F."
In order to achieve avoidance of impact at location "F,"anew -but smaller -impact area results
at a location being designated as "E2." The designation "E2" is in contrast to the prior-existing
impact at location "E1" (previously designated as location area "E"), which already occurred in
the latter 1990s under the 1995 DA authorization No. 199502883. The new proposed impact
"E2" is necessary to avoid impact at "F;" minimization of impacts by shifting from "F" (10, 800
sq. ft.) to "E2" (3614 sq. ft.) is 7186 sq. ft., or approximately O.1b5 acres of wetlands impacts
avoided.
In addition to the avoidance of impacts at "F," the newly modified plan avoids impacts at
location "I" by shifting the angle of the cul-de-sac. Based on these modifications for greater
avoidance and minimization of impacts, the total area of wetland impacts associated with project
road construction has been reduced from 0.712 acres to 0.540 acres. Please see the attached
document "Review of roadway wetland impacts..." and its accompanying figures that provide
more details and an illustration of the newly modified road layout.
As a result of these most recent changes in impacts associated with road construction, the total
project proposed permanent wetland impacts due to the combination of roads, driveways and lot

impacts has been reduced from 0.890 acres to 0.714 acres (ca. 0.001 acre variance appears
relative to differing calculation sets). With respect to a compensatory mitigation plan for these
permanent wetland impacts associated with the Carolina Lakes Block T project, CLDC has
applied to the North Carolina Ecosystem Enhancement Program (EEP) for mitigation through
EEP's "In Lieu Fee Program." This approach had been approved by the USACE, and EEP has
issued acceptance to CLDC; please see the attached copy of the EEP acceptance letter. In
addition, CLDC will be placing the remaining undisturbed wetlands on the Block T property
under conservation protection. Please see the attached examples of the representative language
to be applied for restrictive covenants/deed restrictions to protect all remaining preserved
wetlands on the Block T property once the project has been authorized. CLDC hopes that this
approach for compensatory mitigation will be acceptable to DWQ.
Thank you for your assistance with this project. Please let me know if any additional
information is required
Respectfully,
WATIER OAK
e
Michael Wolfe
Environmental onsultant
Attachments
cc: Bruce Blackmon, CLDC (w/o attachments)
WATfR DAK 301 Water Oak Lade 704-560-2515 phone
wateroak(c~?wateroak.net Matthews, NC 28104 704-846-2934 fax
WATfR c~AK-Environmental Stewardship Solutions
www.wateroak.net

Review of roadway wetland impacts, existing and proposed, for Carolina
Lakes Block T
(Impact locations are designated alphabetically "A" through "I;" see Figures 1 & 2)
Prior existing impacts, i.e., impacts that had already occurred under the 1995 DA authorization
No. 199502883:
Location Area of im act (s uare feet)

A _
8740
B 2560
El 3200
Proposed impacts of CLDC's application:
Area of proposed. impacts (square feet)
.Location

-----
- Original application
(December 2006)
-- First Modification
(June 2007) Second Modification
(October 2007)
C, ----- ~ 3 60 ~ 3 60 -..----- ~ 3 60 -
D 3840 3840 3840
F 10,800 10,800 avoided
G 10,720 10,720 10,720
H 200 avoided avoided
I 260 260 avoided
E2 not ro osed not ro osed 3614

Total square feet 31,180 30,980 23,534
Total ap roximate acrea 7e 0.716 0.712 0.540
* * Note -new proposed impact E2 is necessary to avoid impact at F; minimization of impacts by
shifting from F (10, 800 sq. ft.) to E2 (3614 sq. ft.) is 7186 sq. ft., or approximately 0.165 acres
of wetlands impacts avoided.

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Figure 1. Original roadways layout, with both prior-existing (A, B, E1) and proposed (C, D, F, G, H, I) wetland impacts;
total ro osed im acts a roximatel 0.716 acres
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Figure 2. Second modification of roadways layout, with prior-existing (A, B) and proposed (C, D, E2, G) wetland
im acts; total ro osed im acts a roximatel 0.540 acres

1--
1, ~a meet
PROGRAM
July 12, tom
Bruce Blackmon
Carolina Lakes Development Company
PO Box 22$4
Matthews, NC 28106
Project: Carolina Lakes Block T County: Harnett
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. )(ewe Gave not received a copy of
the issued 404 PermiU401 CertiJ~'ication/CAMA permit within this tlrae [tame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCBEP. Once NCEEP 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 to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Cape Fear
03030004 Stream (feet) Wetlands (acres) Buffer I
{Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri Arian Non-Ri Coastal Marsh
Impacts o 0 0 0 l.a o 0 0
credits o 0 0 0 2.a o 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919} 716-1921.
Sincerely,
--.
''__ DD ~
~'C~-
Gilmore,
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Ronnie Smith, USACE-Wilmington (2006-41496-043)
Ian McMillan, NCDWQ-Raleigh
Michael Wolfe, agent
File
Rector' ... ~ ... Pro Our Stag
~ >~~~~

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27899-1 ti52 / 919-715-0476 / www.nceep.net

Carolina Lakes Block T -Harnett County, NC
Wetlands Conservation Restrictive Covenant
The areas designated on the recorded plat (title, date & recording data) as
conservation areas shall be maintained in perpetuity in their natural condition.
No person or entity shall perform any of the following activities on the designated
conservation areas:
1. Fill, grade, excavate or otherwise disturb the natural condition of the
landscape
2. Cut, mow, burn, remove or otherwise harm the natural vegetation
3. Construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary structures
4. Drain or otherwise disrupt or alter the related hydrology or drainage ways
5. Dump or store soil, trash or other debris or waste
6. Graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of the Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID _ , ,
and therefore may be enforced by the US Federal Government. This covenant is
to run with the land, and shall be binding on the Owner, and all parties claiming
under it.

Carolina Lakes -Harnett County, NC PIN
Wetlands Conservation Restrictive Covenant
The areas designated on the recorded plat (~ ~~.,_,, ,) as
conservation areas shall be maintained in perpetuity in their natural condition.
No person or entity shall perform any of the following activities on the designated
conservation areas:
1. Fill, grade, excavate or otherwise disturb the natural condition of the
landscape
2. Cut, mow, burn, remove or otherwise harm the natural vegetation
3. Construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary structures
4. Drain or otherwise disrupt or alter the related hydrology or drainage ways
5. Dump or store soil, trash or other debris or waste
6. Graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of the Ctean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID ............ .
and therefore may be enforced by the US Federal Government. This covenant is
to run with the land, and shall be binding on the Owner, and all parties claiming
under it.