20071806 Ver 1_More Info Received_20071210

~_ ~~~ ~ 919-418-501 L ubas~
],~~~Y~ C K O P.O. Box 27052
ENVIRONMENTAL Raleigh, NC 27611-7052
www.MaycockEnvironmental.com
December 8, 2007
Mr. Ian McMillan ~~''~~~'
401 Oversight/Express Review Permitting Unit
NCDENR/DWQ ~"`~ ~ ~ ZL~07
2321 Crabtree Boulevard, Suite 250 t~ka,:F? _wn~~~~ ~AI,~YY
Raleigh, NC 27604 ~t~~ti~~~~°fio"~"`~~
Subject: DWQ Project # 07-1808. Response to Request for More Information letter for East
Village of Clayton, UT to Neuse River (030402, 27-(38.5), WS-IV, NSW.)
Dear Mr. McMillan:
In response to your request for more information on the subject project, we have addressed
each item in you letter dated November 9, 2007, and received on November 12. 2007.
Initially, we had applied for a Nationwide Permit #29, for Residential Development and the
corresponding Water Quality Certification #3631, however it has come to my attention that some
commercial, mixed use development is planned for the subject property, so we would like to
request authorization at this time also under Nationwide Permit #39, Commercial and
Institutional Developments, and the corresponding Water Quality Certification # 3705.
Also, the stream crossing shown as impact A was incorrectly shown as a jurisdictional impact,
as the stream in question was not determined to be jurisdictional, or subject to Neuse River
Riparian buffer rules by DWQ in 2004. However, an additional impact has been identified to a
jurisdictional stream channel by a sewer line crossing. This impact is now shown as Stream
Impact A, and will need to be authorized under Nationwide Permit # 12, Utility Crossings, and
the corresponding Water Quality Certification # 3699. We hope that the attached figures and
revised preconstruction notification application will resolve this for your review.
Additional Information Requested:
7. Please provide cross section details showing the provisions for aquatic life passage.
Response: The original stream crossing in question (Stream Impact A) does not involve
impacts to a jurisdictional stream, per DWQ stream call on December 6, 2004, when it was
determined to be less than intermittent by Mike Horan. Because it is an ephemeral channel, no
aquatic passage provisions are required.
2. Please indicate all stream crossing impacts including all fill slopes, dissipaters and
bank stabilization on the site plan. Please show all impact locations on the overall site
plan.

Response: The stream crossing in question is not jurisdictional and was mistakenly shown on
the site plan. We have shown the linear wetland impact by the road crossing and the sewer line
crossing impact for your review. Please see the attached figures and revised site plan.
3. Please indicate the diffuse flow provision measures on the site plan following the wet
detention ponds and submit diffuse flow provision measure worksheets and a signed
and notarized Operations and Maintenance Agreement.
Response: All Storm water detention facilities are outside of the riparian buffer zone and
therefore the worksheets and Operations and Maintenance Agreement are not required,
according to 15A NCAC 2B .0233. Also, it is not feasible to provide a signed and notarized
Operations and Maintenance Agreement at this time.
4. Please clarify Figure 5. Storm water facility No. 1 and Storm water facility No. 2 are
not adjacent on the overall site plan, but are adjacent on Figure 5.
Response: Please see the attached revised Figure 5.
5. Also, please clarify if Figure No. 5 corresponds to Impact A (stream impact). The
PCN states 80-foot impact, but Figure 5 states 80-foot pipe, and shows wing walls
and a long dissipater pad.
Please see our response to Item #1, that the impact was erroneously shown as jurisdictional
stream impact, and should be disregarded.
6. Please clarify why there is no road crossing shown on the site plan.
Response: Please see the revised site plan.
We have attempted to respond to each of your requests for additional information in your letter,
and hope that your review can now proceed. You can reach Ms. Maycock at [phone] if
you have any further questions.
Si cerely,
~~~
Robin L. Maycock
CC: Ms. Lauren Witherspoon, DWQ Raleigh Regional Office
Mr. Thomas Brown, USACE Raleigh Regulatory Field Office
Mr. T. Patrick Shillington, PE, Engineering and Environmental Sciences (E2S)
Mr. James E. Thiem, III, ASLA, Hager-Smith Design
Mr. Shane Hensley, UHF Development