20060447 Ver 2_USACE Incomplete App Notice Response_20080814

Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
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WETLANDS AND STORMWATER 6RANCIt
U.S. Army Corps of Engineers
Attn: Monte Matthews
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
August 14, 2008
S&EC Project # 4865.W9
Action ID #200801957
DWQProject # 06-0447, ver. 2
Re: Reply to the U.S. Army Corps of Engineers' 06/24/08 Incomplete Application
Notification
01de Towne
Wake County, North Carolina
Dear Mr. Matthews:
This letter is in response to your letter dated June 24, 2008 which requested additional
information for Olde Towne. The following restates your questions/comments and is
then followed by our response.
Additional Information Requested on June 24, 2008
Mitigation, in the form of preservation, has not been completed as
required under the original permit (Action ID 2006-20287-292). This
lack of mitigation, coupled with the fact that a detailed stream
restoration plan has not been approved, results in a project that does
not meet the avoidance, minimization, and mitigation requirements.
Please complete the required preservation (or further avoid and
minimize the aquatic impacts) and submit a detailed restoration plan.
If a site visit is needed to select a location for the stream restoration,
please contact Monte Matthews at the number referenced below.
Please see the attached recorded plat maps for the Conservation Areas for the Olde
Towne development. Please note that the areas placed in conservation are depicted as
either "Open Space" or as "Tree Save/Resource Conservation Areas." It should also be
noted that utility easements, possible future greenway trail easements and roadway
Charlotte Office: Greensboro Office:
248 LePhillip Court 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
infrastructure easements were removed from the Conservation Areas to prevent
permitting issues (i.e. conflicting uses within a Conservation Area).
2. In addition, please provide further information on potential impacts
beyond the property line for roadways that stub out, but will be
continued under another project (i.e.', is there an impact that could be
avoided by altering the alignment of the roadway covered under this
permit).
As the attached aerial map clearly shows, the planned roads that stub out at the property
line do not indicate any future potential impacts on adjacent properties. Also, it should
be noted that the local municipalities are the driving force behind the location of the stub
roads that point off property; the property owner has no control over the continuation of
the roads as it pertains to potential future development.
3. Please provide an overall map with the impact locations shown.
Please see the attached revised overall map with the impact locations labeled.
Please call me if you require any additional information or have any further questions.
Sincerely,
1 7
Nicole J. omson
Regulatory Specialist
Attachments: 1 copy of USACE Incomplete Application Notification letter
1 copy of recorded Conservation Area plat map
1 copy of full color aerial map with stub road locations
1 copy of revised Overall Impact Map (11X17 to USACE)
cc: Ms. Cyndi Karoly, DWQ Central Office (5 copies of above attachments)
Ms. Natalie Landry, DWQ Raleigh Regional Office (1 copy of above attachments)
2
U.S. ARMY CORPS OF ENGINEER 47
Wilmington District
Action ID: 200801957 County: Wake
Incomplete Application Notification -*
Property
Authorized
Owner Mr. Rocky Keim Agent Ms. Nicole Thomson
Olde Towne, LLC S&EC
Address 387 Medina Road, Suite 600 Address 11010 Raven Ridge Road
Medina, OH 44256 Raleigh, NC 27614
Telephone Number 330-239-3663 Telephone Number 919-846-5900
Location/Description of Proposed Activity: The project is identified as Olde Towne and is located on
South New Hope Road approximately 3 miles from the intersection with Poole Load, in Raleigh, Wake
County, North Carolina.
Type of Permit Applied For (check one): IP ( ) NWP # 12 and 29( X ) GP # ( )
Applicable law: Section 404 of the Clean Water Act (X); Section 10, Rivers and Harbor Act
YOUR APPLICATION/PRECONSTRUCTION NOTIFICATION IS INCOMPLETE AND
CANNOT BE EVALUATED UNTIL THE FOLLOWING INFORMATION IS RECEIVED
(CHECK ALL THAT APPLY):
Your application/pre-construction notification form has not been completed and/or signed (see remarks).
X Under the conditions of Nationwide Permit # 29 , you are required to submit an aquatic resource mitigation
plan. The required plan is either insufficient or has not been included with your notification (see remarks).
X Your application/pre-construction notification did not include information describing measures you have
implemented to avoid and minimize impacts to Waters of the United States.
Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
Your application/pre-construction notification did not include a delineation of affected special aquatic sites,
including wetlands, vegetated shallows, and riffle and pool complexes as required.
Your project is in a designated trout water county. Nationwide permit regional conditions require that a
copy of your application be submitted to the local NC Wildlife Resources Commission (`vL RC) for comment.
(Address: Western Piedmont Region Coordinator, 3855 Idlewild Road, Kernersville, NC 27284-9180)
_-X _Other (see remarks)
REMARKS: 1) Mitigation, in the form of preservation, has not been completed as required under the
original permit (Action ID 2006-20287-292). This lack of mitigation, coupled with the fact that a detailed
stream restoration plan has not been approved, results in a project that does not meet the avoidance,
minimization, and mitigation requirements. Please complete the required preservation (or further avoid
and minimize the aquatic impacts) and submit a detailed restoration plan. If a site visit is needed to select
a location for the stream restoration, please contact Monte Matthews at the number referenced below. 2)
In addition, please provide further information on potential impacts beyond the property line for roadways
that stub out, but will be continued under another project (i.e. is there an impact that could be avoided by
altering the alignment of the roadway covered under this permit). 3) Please provide an overall map with
the impact locations shown.
2
If you have any questions regarding the Corps of Engineers regulatory program, please contact
Monte Matthews at t lephotte ber [phone] extension 30
Project Manager Signature Date June 24, 2008
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