20160678 Ver 1_More Info Received_20161013

Strickland, Bev
From:Smith, Cherri L
Sent:Thursday, October 13, 2016 4:57 PM
To:'Scott Mitchell'
Cc:Justin Milstein; Smith, Danny; Andy Petty
Subject:RE: Green Level Estates
Scott,

I’ve had a chance to go over with others in the Division of Water Resources the revised site plan for Green Level Estates
that you sent via email on October 7, 2016. While we cannot provide a decision without an application, the consensus
continues to be that projects that rely on filling of wetlands to create residential lots do not meet the requirement to
avoid and minimize impacts to wetlands especially when the wetland is of sufficient size to have significant function in
maintaining water quality when avoided by development. Again, I apologize for my delay in getting back to you.

Cherri

From: Scott Mitchell \[mailto:[e-mail]\]
Sent: Tuesday, October 11, 2016 3:55 PM
To: Smith, Cherri L <[e-mail]>
Cc: Justin Milstein <[e-mail]>; Smith, Danny <[e-mail]>; Andy Petty
<[e-mail]>
Subject: Re: Green Level Estates

Thanks for the response Cherri, and I certainly understand about the hurricane related delays. Feel free to call me

anytime to discuss if that's easier for you. I'm looking forward to continuing our conversation on this project.
Thanks,
Scott Mitchell

Sent from my iPhone

On Oct 11, 2016, at 3:50 PM, Smith, Cherri L <[e-mail]> wrote:
Scott,

I’ll get back to you as soon as possible regarding the revised site plan. Sorry I’m just responding to your
email now, but it’s been kind of hectic around here as a result of the hurricane, and our phones are out
of order. I appreciate your patience.

Cherri

From: Scott Mitchell \[mailto:[e-mail]\]
Sent: Friday, October 07, 2016 4:18 PM
To: Smith, Cherri L <[e-mail]>
Cc: Justin Milstein <[e-mail]>; Smith, Danny <[e-mail]>; Andy
Petty <[e-mail]>
Subject: RE: Green Level Estates

1

Cherri,

I’ve talked with the developer and the engineer for Green Level Estates, and they have modified the
design to reduce proposed impacts at location 4 from 0.203 acres to 0.113 acres, while keeping the
same number of lots (see attached revised impact map and original impact map). This equates to a 44%
reduction to proposed impacts at this location, and a 37% reduction to proposed impacts to all non-
isolated wetlands on the site. Please review the attached plans, and let me know when you have time
to discuss. We would like to resubmit as soon as possible, but I want to discuss with you first.

Thanks,

Scott Mitchell, PE, LSS
NC Environmental Practice Group Leader

TIMMONS GROUP | www.timmons.com
5410 Trinity Road, Suite 102 | Raleigh, NC 27607
Office: 919.866.4952 | Fax: [phone]
Mobile: [phone] | [e-mail]
Your Vision Achieved Through Ours

From: Smith, Cherri L \[mailto:[e-mail]\]
Sent: Thursday, October 06, 2016 11:23 AM
To: Scott Mitchell <[e-mail]>
Cc: Justin Milstein <[e-mail]>; Smith, Danny <[e-mail]>; Andy
Petty <[e-mail]>
Subject: RE: Green Level Estates

Scott,

You’re certainly welcome to meet with us, but it’s really out of our hands at this point. My
understanding from the Central Office is that the economist who was consulted believed that the cost of
losing one lot could be passed off to the other lots given the relatively high cost of the lots and future
homes. That’s all I know about the economics of the situation since I was not involved with those
discussions.

I still believe that avoidance and minimization were not achieved with this application. At this point, you
can reapply or you can contest this decision with the Office of Administrative Hearings. The instructions
for contesting this decision are found on page two of the letter.

I don’t know what else to say at this point.

Cherri

From: Scott Mitchell \[mailto:[e-mail]\]
Sent: Wednesday, October 05, 2016 5:09 PM
To: Smith, Cherri L <[e-mail]>
Cc: Justin Milstein <[e-mail]>; Smith, Danny <[e-mail]>; Andy
Petty <[e-mail]>
Subject: RE: Green Level Estates

Cherri,

2

This is very upsetting, to say the least. In my 20+ years of environmental consulting, I have never had a
permit application denied, and I do not believe it was appropriate in this case. I would like to meet with
you and Danny as soon as possible to discuss your reasons for denying this permit application, and to
see what we can do to resolve this situation.

Thank you.

Scott Mitchell, PE, LSS
NC Environmental Practice Group Leader

TIMMONS GROUP | www.timmons.com
5410 Trinity Road, Suite 102 | Raleigh, NC 27607
Office: 919.866.4952 | Fax: [phone]
Mobile: [phone] | [e-mail]
Your Vision Achieved Through Ours

From: Smith, Cherri L \[mailto:[e-mail]\]
Sent: Wednesday, October 05, 2016 4:52 PM
To: Scott Mitchell <[e-mail]>
Cc: Justin Milstein <[e-mail]>; Smith, Danny <[e-mail]>; Andy
Petty <[e-mail]>
Subject: RE: Green Level Estates

Scott,

I just got word today from the Central Office that our Division Director has signed the denial letter for
the 401 Certification for Green Level Estates. I wanted you to have a copy as soon as it was available.

Cherri

From: Scott Mitchell \[mailto:[e-mail]\]
Sent: Tuesday, October 04, 2016 12:43 PM
To: Smith, Cherri L <[e-mail]>
Cc: Justin Milstein <[e-mail]>; Smith, Danny <[e-mail]>; Andy
Petty <[e-mail]>
Subject: Re: Green Level Estates

Thanks for the update Cherri. Are you aware that the Corps issued a Nationwide Permit Verification for
this site with no requests for additional information? I'm truly struggling to understand the extended
deliberation over the proposed impacts on this site, since impacts have clearly been minimized to the
maximum extent practicable, and since the proposed impacts will be mitigated more than 4-fold when
considering mitigation payment to DMS and the Stormwater wetland that will be built immediately
adjacent to the proposed lot fill. The engineer has minimized impacts as much as is feasible for this
subdivision as evidenced by the shallow lot depths on the affected lots and the lots between those and
Green Level West Road. There simply is no way to make these lots smaller, while maintaining their
viability. Additionally, the financial information that was provided clearly illustrates the necessity of
these lots to the overall financial viability of the project as a whole.

I'm out of the office today, but I'll be back in town tomorrow and the remainder of this week. I'm glad to
meet with you again to discuss this project if that would be helpful.
Thanks,
3

Scott Mitchell

Sent from my iPhone

On Oct 4, 2016, at 9:23 AM, Smith, Cherri L <[e-mail]> wrote:
Hi Scott,

We’re still deliberating on this one, but I hope to have something definitive to tell you
this week. Sorry for the delay.

Cherri

From: Scott Mitchell \[mailto:[e-mail]\]
Sent: Wednesday, September 28, 2016 10:48 AM
To: Smith, Cherri L <[e-mail]>; Justin Milstein
<[e-mail]>
Cc: Smith, Danny <[e-mail]>
Subject: RE: Green Level Estates

Good morning Cherri and Danny. I’m following up on the letter with additional
information we submitted for Green Level Estates back on September 9. Have you had
an opportunity to review that information yet, and do you have any feedback for
us? Thanks, and don’t hesitate to call me to discuss.

Scott Mitchell, PE, LSS
NC Environmental Practice Group Leader

TIMMONS GROUP | www.timmons.com
5410 Trinity Road, Suite 102 | Raleigh, NC 27607
Office: 919.866.4952 | Fax: [phone]
Mobile: [phone] | [e-mail]
Your Vision Achieved Through Ours

From: Scott Mitchell
Sent: Wednesday, August 31, 2016 12:09 PM
To: 'Smith, Cherri L' <[e-mail]>; Justin Milstein
<[e-mail]>
Cc: Smith, Danny <[e-mail]>
Subject: RE: Green Level Estates

Thank you Cherri. We will see you and Danny there Friday morning at 10:30.

Scott Mitchell, PE, LSS
NC Environmental Practice Group Leader

TIMMONS GROUP | www.timmons.com
5410 Trinity Road, Suite 102 | Raleigh, NC 27607
Office: 919.866.4952 | Fax: [phone]
Mobile: [phone] | [e-mail]
Your Vision Achieved Through Ours

4

From: Smith, Cherri L \[mailto:[e-mail]\]
Sent: Wednesday, August 31, 2016 12:01 PM
To: Justin Milstein <[e-mail]>; Scott Mitchell
<[e-mail]>
Cc: Smith, Danny <[e-mail]>
Subject: Green Level Estates

Hi Scott and Justin,

nd
I just wanted to let you know that I have the 2 floor conference room reserved here at
the Raleigh Region for Friday, September 2 at 10:30 am. Danny Smith is planning to be
there as well. I won’t be in the office tomorrow, Thursday, so I wanted to make sure
you got this message. Thank you.

Cherri

Cherri Smith

NCDEQ Division of Water Resources

Raleigh Regional Office

1628 Mail Service Center

Raleigh, NC 27699-1628

ph. 919-791-4251

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E-mail correspondence to and from this address may be subject to the North Carolina Public

Records Law and may be disclosed to third parties

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