20050736 Ver 1_More Info Letter_20050613

?F W ATF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p .? Alan W. Klimek, P.E. Director
Division of Water Quality
June 13, 2005
DWQ Project # 05-0736
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Heritage Pines, LLC
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
Subject Property: Heritage Pines Residential Subdivision
SR 1617 Cary, Wake County, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Miller:
?.
On May 12, 2005, the Division of Water Quality (DWQ) rece ved your after-the-fact application dated
May 2, 2005 to impact 2.407 acres of wetlands, 337 feet of sir6ams, and 1.858 acres of open waters to
construct the proposed adult residential subdivision. The DWIP\has determined that your application was
incomplete and/or clarification is necessary to properly review Your application as discussed below. The
DWQ will require additional information in order to process yout:application to impact protected.
wetlands and/or streams on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
It is requested that you present information addressing the current status of the conditions described in the
original 401 Water Quality Certification dated August 8, 1999:
1. Please detail whether wetland impacts in areas 11, 7, and 8, as required in August 8, 1999 401
Water Quality Certification were avoided. If these areas were not avoided as required in the
certification, please explain why they where impacted and whether any portion of these areas may
be restored.
2. Please detail whether the 0.22 acres of wetlands shown on the August 2, 1999 map by Gilleece and
Associates between lots 8 and 10 were restored or created. If these areas were not properly restored
as required in the certification, please explain why, and whether any portion of these areas may be
restored.
3. A condition of the 401 Certification was that stormwater shall be directed to sheetflow at non-
erosive velocities through the protected stream buffer. Please detail whether stormwater has been
direct to sheetflow, or if it has been conveyed into drop inlets and piped to surface waters. Please
clearly explain the diffuse flow status of this site and how you propose to resolve and/or retrofit
controls to address this issue.
4. A condition of the 401 Certification was that deed notifications or similar mechanisms be placed on
all lots with remaining jurisdictional wetlands, streams, and buffers to notify the state in order to
4010versight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina- 27604
Phone: [phone] / FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
None Carol na
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Heritage Pines, LLC
Page 2 of 2
June 13, 2005
assure compliance for future wetland and/or water impact. Please clearly detail the compliance
status of this condition requirement.
5. While some impacts were authorized, it is apparent that actual impacts have exceeded the amount
originally authorized. Please submit a spreadsheet depicting: 1) the amount of impact, the
respective location, and the type of NW permit authorized in the original 401 Certification, 2) the
amount of actual impact and the respective location, and 3) the total amounts of impact beyond that
which was authorized and their respective locations.
[Refer to the following example spreadsheet to help you organize your response.]
Original NW
Permit Type Impact Authorized
in the Original 401 Actual Amount of
Impact Incurred Amount of Impacts
Beyond Authorized Map Polygon
Location
Stream
Wetland
Buffer
Please respond within three weeks of the date of this letter by sending this information in writing to me
and Eric Kulz and Ken Schuster of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested Within your application are not
authorized (at this time) by the DWQ. Please call me if you have any questions regarding this matter or
would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permits Unit
cc: Eric Kulz, Ken Schuster, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
O? WAlF9 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
June 13, 2005
DWQ Project # 05-0736
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Heritage Pines, LLC
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
Subject Property: Heritage Pines Residential Subdivision
SR 1617 Cary, Wake County, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Miller:
On May 12, 2005, the Division of Water Quality (DWQ) received your after-the-fact application dated
May 2, 2005 to impact 2.407 acres of wetlands, 337 feet of streams, and 1.858 acres of open waters to
construct the proposed adult residential subdivision. The DWO\has determined that your application was
incomplete and/or clarification is necessary to properly review`ypur application as discussed below. The
DWQ will require additional information in order to process your,application to impact protected.
wetlands and/or streams on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
It is requested that you present information addressing the current status of the conditions described in the
original 401 Water Quality Certification dated August 8, 1999:
1. Please detail whether wetland impacts in areas 11, 7, and 8, as required in August 8, 1999 401
Water Quality Certification were avoided. If these areas were not avoided as required in the
certification, please explain why they where impacted and whether any portion of these areas may
be restored.
2. Please detail whether the 0.22 acres of wetlands shown on the August 2, 1999 map by Gilleece and
Associates between lots 8 and 10 were restored or created. If these areas were not properly restored
as required in the certification, please explain why, and whether any portion of these areas may be
restored.
3. A condition of the 401 Certification was that stormwater shall be directed to sheetflow at non-
erosive velocities through the protected stream buffer. Please detail whether stormwater has been
direct to sheetflow, or if it has been conveyed into drop inlets and piped to surface waters. Please
clearly explain the diffuse flow status of this site and how you propose to resolve and/or retrofit
controls to address this issue.
4. A condition of the 401 Certification was that deed notifications or similar mechanisms be placed on
all lots with remaining jurisdictional wetlands, streams, and buffers to notify the state in order to
NOne Caro na
4010versight/Express Review Permits Unit tFura,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Heritage Pines, LLC
Page 2 of 2
June 13, 2005
assure compliance for future wetland and/or water impact. Please clearly detail the compliance
status of this condition requirement.
5. While some impacts were authorized, it is apparent that actual impacts have exceeded the amount
originally authorized. Please submit a spreadsheet depicting: 1) the amount of impact, the
respective location, and the type of NW permit authorized in the original 401 Certification, 2) the
amount of actual impact and the respective location, and 3) the total amounts of impact beyond that
which was authorized and their respective locations.
[Refer to the following example spreadsheet to help you organize your response.]
Original NW
Permit Type Impact Authorized
in the Original 401 Actual Amount of
Impact Incurred Amount of Impacts
Beyond Authorized Map Polygon
Location
Stream
Wetland
Buffer
Please respond within three weeks of the date of this letter by sending this information in writing to me
and Eric Kulz and Ken Schuster of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me if you have any questions regarding this matter or
would like to set up a meeting to discuss this matter.
Sincerely,
??& `44
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permits Unit
cc: Eric Kulz, Ken Schuster, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
OF W AZ' 9Q Michael F. Easley, Governor
?Q G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
© .? Alan W. Klimek, P.E. Director
Division of Water Quality
June 13, 2005
DWQ Project # 05-0736
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Heritage Pines, LLC
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
Subject Property: Heritage Pines Residential Subdivision
SR 1617 Cary, Wake County, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Miller:
On May 12, 2005, the Division of Water Quality (DWQ) received your after-the-fact application dated
May 2, 2005 to impact 2.407 acres of wetlands, 337 feet of streams, and 1.858 acres of open waters to
construct the proposed adult residential subdivision. The DWQ\has determined that your application was
incomplete and/or clarification is necessary to properly review your application as discussed below. The
DWQ will require additional information in order to process your application to impact protected,
wetlands and/or streams on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
It is requested that you present information addressing the current status of the conditions described in the
original 401 Water Quality Certification dated August 8, 1999:
1. Please detail whether wetland impacts in areas 11, 7, and 8, as required in August 8, 1999 401
Water Quality Certification were avoided. If these areas were not avoided as required in the
certification, please explain why they where impacted and whether any portion of these areas may
be restored.
2. Please detail whether the 0.22 acres of wetlands shown on the August 2, 1999 map by Gilleece and
Associates between lots 8 and 10 were restored or created. If these areas were not properly restored
as required in the certification, please explain why, and whether any portion of these areas may be
restored.
3. A condition of the 401 Certification was that stormwater shall be directed to sheetflow at non-
erosive velocities through the protected stream buffer. Please detail whether stormwater has been
direct to sheetflow, or if it has been conveyed into drop inlets and piped to surface waters. Please
clearly explain the diffuse flow status of this site and how you propose to resolve and/or retrofit
controls to address this issue.
4. A condition of the 401 Certification was that deed notifications or similar mechanisms be placed on
all lots with remaining jurisdictional wetlands, streams, and buffers to notify the state in order to
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetiands
one
N Carolina
Nahmally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Heritage Pines, LLC
Page 2 of 2
June 13, 2005
assure compliance for future wetland and/or water impact. Please clearly detail the compliance
status of this condition requirement.
5. While some impacts were authorized, it is apparent that actual impacts have exceeded the amount
originally authorized. Please submit a spreadsheet depicting: 1) the amount of impact, the
respective location, and the type of NW permit authorized in the original 401 Certification, 2) the
amount of actual impact and the respective location, and 3) the total amounts of impact beyond that
which was authorized and their respective locations.
[Refer to the following example spreadsheet to help you organize your response.]
Original \-%V
Permit Tj a Impact Authorized
in the Original 401 Actual Amount of
Impact Incurred Amount of Impacts
Beyond Authorized Map Polygon
Location
Stream
Wetland
Buffer
Please respond within three weeks of the date of this letter by sending this information in writing to me
and Eric Kulz and Ken Schuster of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me if you have any questions regarding this matter or
would like to set up a meeting to discuss this matter.
Sincerely,
?'?4?
??& c
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permits Unit
cc: Eric Kulz, Ken Schuster, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files