20170332 Ver 1_Email_20170220

Strickland, Bev
From:Joe Starr <[e-mail]>
Sent:Monday, February 20, 2017 4:01 PM
To:Higgins, Karen
Cc:Tomas Will
Subject:RE: Buffer Determination Appeal Request - 1259 Innovation Ave, Cary, NC - NBRRO#
17-011
Hello Karen.
Thanks for the email. Yes, the stormwater management pond is shared by the adjacent facility. The client is looking to
keep the pond and continue to use it as a stormwater BMP.

The existing gravel driveway (that provide access to a telecommunications tower) needs to be improved to allow access
to the proposed development. Due to very tight site limitations, the work needed to build / improve the road may come
within 50 feet of the pond.

th
You may be aware that Ms. Stephanie Goss visited the site on January 25. At that time, we had been using an older
version of the USGS map that showed the pond. We discovered later that the most recent version (along with 8 out of 9
other USGS maps) do not show the pond. Also, at the time of the initial visit by Ms. Goss, the Corps had not made their
determination that the pond is not jurisdictional.

Now that we’ve shown that the pond is not on the Soil Survey or the USGS Topo, and the Corps did not claim
jurisdiction, is it possible for you to reevaluate the buffer determination without having to revisit the site?

I will understand if we need to meet at the site again, but the schedule is very tight on this project, and any assistance
you can lend to streamline the review is appreciated.

Thank you,
Joe

From: Higgins, Karen \[mailto:[e-mail]\]
Sent: Monday, February 20, 2017 2:03 PM
To: Joe Starr <[e-mail]>
Cc: Tomas Will <[e-mail]>
Subject: RE: Buffer Determination Appeal Request - 1259 Innovation Ave, Cary, NC - NBRRO#17-011

Joe-

Got your voicemail and yes, we did get this request. It looks like the pond is sued by the adjacent facility, are
you all planning to drain the pond or you’re just looking to impact within 50 feet of the pond?

As for timing, we usually try to get out to sites within a couple weeks, depending on schedules. Right now,
March 6, 9 or 10 are available if any of those work for you?

Thanks-
Karen

1

Karen Higgins
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality

919 807-6360 office
[e-mail]

512 N. Salisbury Street, Suite 942-E, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Joe Starr \[mailto:[e-mail]\]
Sent: Wednesday, February 15, 2017 8:52 AM
To: Higgins, Karen <[e-mail]>
Cc: Tomas Will <[e-mail]>
Subject: Buffer Determination Appeal Request - 1259 Innovation Ave, Cary, NC - NBRRO#17-011

Good morning Karen.
Attached please find our request for the DWR to reconsider the buffer determination associated with a manmade
stormwater pond located at 1259 Innovation Avenue in Cary, NC. As you will see in this brief letter, the Corps has
confirmed that the pond is not jurisdictional and we request the DWR to find that the stormwater pond is Not Subject to
the Neuse River Buffer Rules.

I realize that you and your staff are very busy, so I want to thank you in advance for anything you can do to make a
prompt decision regarding this appeal. Your help is truly appreciated.

Please do not hesitate to contact me if you have any questions.
Best regards,
Joe

Joseph E. Starr, PE Senior Consultant
Hart & Hickman, PC | 3334 Hillsborough St. | Raleigh, NC 27607
Direct 919-723-2511 | Mobile [phone] | Main 919-847-4241
www.harthickman.com

2