20031339 Ver 1_More Info Received_20040108

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°v Soil & Environme'Goimsplt ants, PA
3 11010 Ravcn Ridge Road Ralcigh, North Carolina 27614 • Phone: [phone] Fax: [phone]
www.SandEC.com
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DWQ;f 03-1339
Department of Environment and Natural Resources
Division of Water Quality
Attn: Jahn Dorney
2321 Crabtree Boulevard
Suite 250

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Re: Reply to the Division of Water Quality's December 17, 2003 letter
Battleridge Subdivision
Garner, Wake County, North Carolina

Dear Mr. Dorney:
This letter is in response to your letter dated December 17, 2003 (copy attached), which requested
additional information for the proposed Battleridge Subdivision. The following restates your request as
shown on your letter and then provides our response.
1. Have the USArnry Corps of Engineers determined this project to be a .separate and complete
project from Chastain Subdivision (D IVQ Projcct AV 02-1049)? If not and Ihe'v hate determined
it to be part of Chastain Subcliti•ision, them the amount of lcetland impacts it-ill exceed the
mitigation threshold of one (1) acre and the Dli'Q still require mitigation: for all past and
proposal sretlancl impacts (if approved).
The US Anny Corps of Engineers (USACE) has detenmined the proposed Battleridge Subdivision to be
a separate and complete project from the Chastain Subdivision because the two subdivisions are
currently under separate ownership; the two subdivisions will not share road access, etc. The USACE
has issued the 404 permit for this project (see attached) as separate from the Chastain Subdivision. I do
not have a written determination from the USACE that states that the two projects are separate so if you
need to verify this with the USACE please call Ms. Jennifer Burdette at 876-8441 (ext 22). Because
the two projects are separate and because the proposed impacts for Battleridge are less than those
requiring mitigation, no mitigation is proposed.
Please call if you have any questions or require further explanation.
Sincerely,
Sean Clark
Attachments: 1) DWQ letter dated December 17, 2003
2) Copy of USACE 404 permit for the project
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Law ndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
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?QF W ATF9Q

\Q G
r Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
> --4 Division of Water Quality
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Coleen H. Sullins, Deputy Director
Division of Water Quality
December 17, 2003
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Colony Homes, LLC
1100 Navaho Drive, Suite 204
Raleigh, NC 27609
DWQ Project No. 03-1339
Wake County
Page 1 of 2
Subject Property: Battleridge S/D, Barwell Road (SR2551), Garner, NC
Ut to Neuse River [03-04-02, 27-(20.7), C NSW (nutrient sensitive water)]
REQUEST FOR MORE INFORMATION
To Whom It May Concern:
On October 29, 2003, the Division of Water Quality (DWQ) received your application dated October 29, 2003
to impact 0.4977 acres of wetlands, 108 feet of stream and 10,696 square feet (ft2) of protected riparian buffers
to construct the proposed 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 wetland, streams and/or buffers 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 2B.0233(8) 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:
• Cumulative Impacts
Have the US Army Corps of Engineers determined this project to be a separate and complete project from
Chastain Subdivision (DWQ Project No. 02-1049)? If not and they have determined it to be part of Chastain
Subdivision, then the amount of wetland impacts will exceed the mitigation threshold of one (1) acre and the
DWQ will require mitigation for all past and proposed wetland impacts (if approved).
Please respond within three weeks of the date of this letter by sending this information to me in writing and
Steve Mitchell 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 Mr. Steve Mitchell at 919-571-4700 if you have any questions regarding or
would like to set up a meeting to discuss this matter.
North Carolina Division of Water Quality, Wetlands/401 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), httpJ/h2o.enr.stato.nc.us/ncwetlands/
Colony Homes, LLC
Page 2 of 2
December 17, 2003
Sincerely,
9D-o lrn)e Jy,
rlands/401 , DWQ.
cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ031339
December 17, 2003
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U.S. ARMY CORPS OF ENGINEERS mot.
Wilmington District
Action ID: 200420189 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property
Owner Jerry Gower
Address 7324 Siemens Road
Wendell, NC 27591
Telephone Number 919-365-9767
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
approximately 96 acres in size. It is located approximately 2500 feet southeast of Barwell Road (SR
2551) and bounded to the east by the Neuse River northeast of Garner, Wake County, North Carolina.
Description of Activity: This permit authorizes the installation of culverts and the placement of fill
associated with the construction of Battlebridge North Subdivision. Impacts authorized under this permit
include 0.473 acres of wetlands and 0.025 acres (108 linear feet) of stream channel for a road crossing.
Total impacts to wetlands and waters authorized are 0.498 acres, which includes 108 linear feet of an
unnamed tributary to the Neuse River in the Neuse River Basin. Related AID # 200120236.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
39 Nationwide Permit Number
Authorized
Agent Soil & Environmental Consultants, Inc.
Attn: Sean Clark
Address 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number 919-846-5900
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Jennifer A. Burdette at telephone number (919) 876 - 8441 extension 22
Regulatory Project Manager Signa

Date December 11, 2003 Expifation Date December 11. 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
i 0 15
Special Conditions
AID # 200420189 County:
Wake
1. Permittee shall locate all wetland boundaries and identify them on site with the
installation of temporary fencing (e.g., orange webbed tree-protection fencing).
Markings on the boundary fencing (or attached flags) shall identify the demarcated area
as a wetland. Demarcation of wetland areas shall be accomplished prior to initiation of
any impacts to jurisdictional areas (fill, mechanized landclearing, culvert installation,
etc.) authorized by this permit. The fencing shall remain in place throughout the duration
of all construction activities associated with the project. The Corps of Engineers
regulatory project manager shall be contacted at least two weeks prior to removal of
wetland boundary fencing.
2. Pennittee shall cause to be recorded in the Register of Deeds for Wake County a plat,
showing the subdivision plan for the property, and a survey of the boundary of the
jurisdictional waters of the United States, as approved by the Corps of Engineers, within
thirty days of issuance o f this permit, and prior to the sale of any property w ithin the
subdivision.