20010357 Ver 1_More Info Letter_20010426

0?0? W A T F9QG
Michael F Easley
Governor
Sherri Evans-Stanton, Acting Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
April 26, 2001
DWQ Project # 010357
Wake County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Upchurch Farms, LLC
1001 Navaho Drive, Ste 150
Raleigh, NC 27609
Dear Sirs:
The Division of Water Quality has reviewed your plans for the discharge of fill material
into 0.25 linear feet of streams and 558 acres of wetlands located at Upchurch Farms, LLC in
Wake County for residential development as described in your application dated March 12, 2001.
Insufficient evidence is present in our files to conclude that your project must be built as planned in
waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications
of the proposal are made as described below, we will have to move toward denial of your 401
Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as
incomplete until we receive this additional information, we are requesting (by copy of this letter)
that the U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must
be constructed as planned and that you have no practicable alternative to placing fill in these
waters and/or wetlands. Specifically can you realign the road to minimize impacts R1, R2, 01 and
02? Also Mr. Penrose of DWQ will need to make a visit to determine if stream mitigation will be
needed. Any documentation such as maps and narrative that you can supply to address
alternative designs for your project may be helpful in our review of your 401 Certification. Also this
project will require compensatory mitigation as described in 15A NCAC 2H .0506(h). Your
mitigation proposal is insufficient because none was proposed.
Please respond within three weeks of the date of this letter by sending a copy of this
information to me and one copy to Steve Mitchell, Raleigh Regional Office at [phone]. If we
do not hear from you in three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any
questions.
ir?ce
n R. Dorney
cc: Raleigh DWQ Regional Office
Raleigh Field Office Corps of Engineers
Central Files
File Copy
Dave Penrose
Kevin Martin; Soil & Environmental Consultants
_?? ylA
NCDLN
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621
Wetlands/401 Unit: [phone]
Fax: [phone]