20040165 Ver 2_More Info Received_20050601

Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
NCDENR-DWQ DENR - WATER QUALITY US Army Corps of Engineers
Attn: Ms. Cyndi Karoly WETLANDS AND STORMWATER BRANCH Attn: Ms. Jean Manual
2321 Crabtree Blvd 6508 Falls of the Neuse Road
Parkview Building Suite 120
Raleigh, NC 27604 Raleigh, NC 27615
Re: Reply to the DWQ's August 18, 2005 Request for Further Information for the
proposed Ballentine Subdivision (Phases 5-7), Wake County, North Carolina
Dear Ms. Karoly and Ms. Manual:
The purpose of this letter is to respond to DWQ's 08/18/05 letter requesting additional
information. The letter asks if a new public notice will be required due to the change in
impact totals as summarized in the August 4th submittal. It is up to the USACE's
discretion as to if a new public notice is required when project impacts have changed. In
this case due to the fact that the footprint of the project has not changed (i.e. no additional
impact locations) that a new public notice will not be required. The remaining portion of
this letter will restate the DWQ's requests/questions and then follow each with our
response.
1. There are two areas on the site plan that are "areas to be cleared and grassed for
permanent open space/Rec area ". Please clarify if these areas will be built upon
with concentrated areas of impervious.
As per an email from the engineer/planner the areas in question will be grassed
fields with some plantings (i.e. shrubs, etc.) and will have several picnic tables set
up but no impervious surface is planned for the areas.
2. The revised application indicates that greater than 150 linear feet stream and
buffer impacts will occur as a result of this project. Please provide a
compensatory mitigation plan to address the stream and buffer impacts as
detailed on Exhibit C of your August 4, 2005, additional information letter.
The revised impact map does indicate that greater than 150 LF of perennial stream
channel will be impacted. To meet the mitigation requirements associated with
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E I-pwndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
September 1, 2005
S&EC Project # 3651.W1
V DWQ# 04-0165
S E P 1 2005 Action ID #200420702
this impact, payment to the NC Ecosystem Enhancement Program (EEP) is
proposed at a 2:1 ratio (177 LF x 2 = 354 LF). A copy of EEP's preliminary
acceptance letter is attached. The revised application indicates proposed buffer
impacts that total 1/3 acre and less than 150 LF, both of which are classified as
"allowable" in the buffer rules, therefore buffer mitigation is not proposed.
Please call or email me at SClark e SandEC.com if you have any questions or require
further explanation.
Sincerely,
Sean Clark
Attachments: 1) Copy of EEP's letter
2
O?pF W A ?FgPG Michael F. Easley, Governor
d William G. Ross Jr., Secretary
1- North Carolina Department of Environment and Natural Resources
Q 'C Alan W. Klimek, P.E. Director
Division of Water Quality
August 18, 2005
DWQ Project # 04-0165
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
PS/SE Ballentine, LLC
2514 Reliance Avenue
Apex, NC 27539
Subject Property: Ballentine Subdivision, Phases 5, 6 and 7
Sunset Lake Road/Hwy 401, Fuquay-Varina, NC
REQUEST FOR MORE INFORMATION
Ladies and Gentlemen:
On August 4, 2005, the Division of Water Quality (DWQ) received your revised application
dated August 4, 2005, to impact 0.14 acres of wetlands, 248 linear feet of streams, 9,898 square
feet of Zone 1 riparian buffer, and 4,564 square feet of Zone 2 riparian buffer, within the Neuse
River basin. According to your individual permit application, you are proposing to construct a
residential subdivision. The DWQ has determined that your application was incomplete and/or
provided inaccurate information 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:
1. There are two areas on the site plan that are "areas to be cleared and grassed for permanent
open space/Rec area". Please clarify if these areas will be built upon with concentrated
areas of impervious.
2. The revised application indicates that greater than 150 linear feet stream and buffer impacts
will occur as a result of this project. Please provide a compensatory mitigation plan to
address the stream and buffer impacts as detailed on Exhibit C of your August 4, 2005,
additional information letter.
It is the understanding of the DWQ that when the proposed impacts change in the review process
of an Individual Permit/Individual Certification the new proposed impacts may need to be put back
out to Public Notice. If this is the case then an Individual Certification cannot be issued until
comments are received for the new Public Notice.
401 Oversight/Express Review Permitting Unit
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.ustncwetiands
N'oaa`ItCarolina
?v74=1ly
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
PS/SE Ballentine. LLC
Page 2 of 2
August 18, 2005
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Mike Horan 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 Ms. Cyndi Karoly or Ms. Debbie
Edwards at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/dae
cc: Mike Horan, DWQ Raleigh Regional Office
Jean Manuele-USACE Raleigh Regulatory Field Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh,
NC 27614
Filename: 040160allentineSD(Wake)On_Hold
Fc--En VE
AUG 2 5 2005
By: Soil b Environmental consultants, PA
Todd Preuninger
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Ballentine Subdivision
August 23, 2005
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0.13 0 0 0 0 177 0 0
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 Carol Shaw at [phone].
incerely,
liam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Andrea Wade, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net