20060447 Ver 2_More Info Letter_20080718

QF W ATFR Michael F. Easley, Governor
p William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Coleen H. Sullins, Director
p .? Division of Water Quality
July 18, 2008
Olde Towne, LLC
Attn: Mr. Rocky Keim
387 Medina Road, Suite 600
Medina, Ohio 44256
Dear Mr. Keim,
On March 7, 2008, the Raleigh Regional Office issued a Notice of Violation (NOV), NOV-2008-PC-0158 and a
Notice of Continuing Violation on April 16, 2008, NOV-2008-PC-0272 that included a Requested Responses. Soil
and Environmental Consultants has responded to several of the items on your behalf. At this time, we are
requesting information to address the remaining response items in the NOV.
NOV Item 1 requested a description and quantification of impacts to iurisdictional features and vour Dlans
to avoid further stream, wetland and buffer impacts on your site.
a. Please explain why wetland impacts were not quantified in totality as required in the NOV. Please
note that if the purpose, need and impact justification of this additional impact is not explained then
the impact may not be authorized for wetland fill and/or creation. Refer to Impact T-4 (page 6 of
18 PCN dated June 6, 2008).
b. The relocated stream length is described as 340 linear feet on page 8 of 18 in the PCN and 380 feet
on Sheet 2 of 16 dated June 6, 2008. This discrepancy is noted but not explained. Please explain.
c. New temporary impacts are proposed in the PCN dated June 6, 2008 (Impact T-5) on page 6 of 18.
This crossing is proposed to temporarily impact 1455 SF of wetland, 20 LF of mitigable channel,
1225 SF of Zone 1 and 830 SF of Zone 2. The impact map does not show the actual placement of
the waterline. While the NOV requested your plans for impact avoidance, no impact justification
for this temporary impact was provided. Please provide measures taken to avoid and minimize
impacts.
NOV Item 2 requested a Stream Restoration Plan.
a. Please explain the purpose, need and impact justification to restore the previously impacted stream
in another location (other than its original location) or submit a final restoration plan to restore the
stream to its original location (pattern, profile and dimension).
b. Please explain how you propose to restore the filled wetland or explain the purpose, need and
impact justification to create a new wetland to the function of the previously impacted wetland
(newly reported Impact T-4).
NOV Item 4 requested restoration of diffuse flow in the buffer.
a. Please describe measures taken to ensure the temporary basin is constructed in accordance with the
approved Erosion and Sediment Control Plan and that the discharge is not concentrated when it
enters the buffer.
The RRO is requiring that the Stormwater Management Plan (SMP) be submitted to DWQ prior to the
approval of the reauthorization of the 401 Water Quality Certification because the applicant has shown that
conditional approval cannot be met. Our decision is based on the prior authorization of the 401 WQ
Certification and no subsequent submission of an approved SMP to date.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o. enr. state. nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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Page 2
Olde Towne, LLC
Wake County
Please submit all requested items to the address below within 45 days of receipt of this letter.
Natalie Landry
DWQ-DENR/RRO
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. Should you have any questions regarding these matters, please
contact Natalie Landry or Lauren Witherspoon at [phone].
Sinc ely,
Danny S V?h
Regional Supervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
Raleigh RO - Land Quality
John Hennessy, NPS Assistance and Compliance Oversight Unit
Water Quality Central Files
Monte Mathews, USACOE, 3331 Heritage Trade Drive, Ste 105, Wake Forest, NC 27587
Cyndi Karoly, 401 Oversight/Express Review Permitting Unit
Ian McMillan, 401 Oversight/Express Review Permitting Unit
Patrick Paine, City of Raleigh, 222 West Hargett Street, POB 590, Raleigh, NC 27602
Nicole Thomson, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614