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HomeMy WebLinkAbout20040108 Ver 1_More Info Letter_20040224`' `o~oF W Ar~gpr, ~ ~ ~' > -i O "~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality February 24, 2004 DWQ # 04-0108 Wake County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Stone Hedge Carolinas Attn: Paul Murphy 4000 Westchase Blvd. Suite 400 Raleigh, NC 27607 Dear Mr. Murphy: The Division of Water Quality has reviewed your plans for the discharge of fill material into 260 linear feet of streams, 0.64 acres of protected stream buffers and 0.017 acres of wetlands located at Miramonte Subdivision at NC 55 near Sunset Lake Road in Wake County for road construction and residential development. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of-your 401 Certification as required by 15A NCAC 2H .0507Fe) and will place this project on~hold as incomplete until we receivethis additional information, we are requesting (by copy of this letter) that the U.S, Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically please address the following issues: 1. Stormwater management -This will need to be revised to be constructed wetlands, pocket wetlands or wet ponds followed by level spreaders. Any designs must meet DWQ's design standards in our stormwater manual. 2. All sedimentation and erosion control measures will need to be relocated to be outside jurisdictional waters. 3. Straywhite Avenue will need to be relocated to avoid or minimize stream and buffer impact. Your proposed crossing at the stream origin can be relocated above or below the stream origin as shown on the attached sketch plan. Also your intersection of Straywhite Avenue and Alpharetta Trail is located in the stream buffer and will therefore need to be relocated. These alternative designs would also require a redesign of the lot layout in some locations. Finally, these alternative designs would likely result in reduced or eliminated need for compensatory mitigation. Please examine these designs and then modify your application accordingly. 4. Discharge from any stormwater device will need to be located so as not to result in stream lengths which are dewatered. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands r'~ Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H .0506(h). Your mitigation proposal is insufficient because we have no record whether the NC Wetlands Restoration Program is willing to accept this mitigation. Please respond within three weeks of the date of this letter by sending a copy of this information to me and, one copy to Raleigh Regional Office. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please telephone John Dorney at 919-733-1786 or Debbie Edwards at 919-733-9584. Sincerely, L.-,_ J R. D iey 4 1 Water Qual' y Ce ification Program cc: Raleigh DWQ Regional Office ". Andrea Wade, Raleigh Field Office Corps of Engineers Debbie Edwards, DWQ Sean Clark, Soil and Environmental Consultants. Central Files File Copy `O~~F W AT ~9QG ~ r > _~! O 't Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality February 24, 2004 DWQ # 04-0108 Wake County CERTIFIED MAII.-RETURN RECEIPT REQUESTED Stone Hedge Carolinas Attn: Paul Murphy 4000 Westchase Blvd. Suite 400 Raleigh, NC 27607 Dear Mr. Murphy: MAC - ~ 2004 The Division of Water Quality has reviewed your plans for the discharge of fill material into 260 linear feet of streams, 0.64 acres of protected stream buffers and 0.017 acres of wetlands located at Miramonte Subdivision at NC 55 near Sunset Lake Road in Wake County for road construction and residential development. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described. below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507fe) and will place this project on hold as incomplete until we receive this additional information, we are requesting ~(by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically please address the following issues: 1. Stormwater management -This will need to be revised to be constructed wetlands, pocket wetlands or wet ponds followed by level spreaders. Any designs must meet DWQ's design standards in our stormwater manual. 2. All sedimentation and erosion control measures will need to be relocated to be outside jurisdictional waters. 3. Straywhite Avenue will need to be relocated to avoid or minimize stream and buffer modify your application accordingly. 4. Discharge from any stormwater device will need to be located so as not to result in stream lengths which are dewatered. impact. Your proposed crossing at the stream origin can be relocated above or below the stream origin as shown on the attached sketch plan. Also your intersection of Straywhite Avenue and Alpharetta Trail is located in the stream buffer and will therefore need to be relocated. These alternative designs would also require a redesign of the lot layout in some locations. Finally, these alternative designs would likely result in reduced or eliminated need for compensatory mitigation. Please examine these designs and then N. C: Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) /O70\ 71II t ^I4L l.d.,... e~ nt A '722 G402 !F ..~ /6H..J/1,7n nnr cta YP nr uc/nrwrtlanltC Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H .0506(h). Your mitigation proposal is insufficient because we have no record whether the NC Wetlands Restoration Program is willing to accept this mitigation. Please respond within three weeks of the date of this letter by sending a copy of this information to me and, one copy to Raleigh Regional Office. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please telephone John Dorney at 919-733-1786 or Debbie Edwards at 919-733-9584. Sincerely, J R. D ey 4 1 Water Qual' y Ce 'fication Program cc: Raleigh DWQ Regional Office `, Andrea Wade, Raleigh Field Office Corps of Engineers Debbie Edwards, DWQ man Clark,'Soil and Environmental Consultants. Central Files File Copy .