20090064 Ver 1_More Info Received_20090210

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TRANSMITTAL LETT
FEB 1 0 2009
Date: February 06, 2009 DENR-WATER QUAIJTY
wETUWDS AND STORMWATER BRANCH
To:Ms. Cyndi Karoly 1-910-486-1541
North Carolina Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301
4807-C Koger Blvd. Project: Commonwealth Apartments Project No.: 07-095
Greensboro, NC 27407 Fayetteville NC
Phone [phone]
Fax [phone]
We Transmit:
( X ) herewith
( ) under separate cover
The Following:
Copies Date
For Your:
( ) approval
( ) review & comment
( ) use
Description
5 Revised Pre Construction Notifications
5 Site Drawings
5 Soils Map
5 USGS topo Map
5 Vicinity Map
Remarks:
Attached you will find the above referenced materials for review and comments.
Please let me know if you need any additional information or questions arise.
Thanks
Copies:
PA2007\Commonwealth Apartments\AdminM-06-09 NCDWQ PCN Submittal. wpd
Sincerely,
By: mfl' QNBn"
Matthew W. Johnson, P.E.
Civil Engineer
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Deceived Beverly Eaves Perdue, Governor
JAN 3 0 2009 Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 29, 2009
DWQ Project # 09-0064
Cumberland County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Commonwealth Road Properties, LLC
P.O. Box 8050
Greensboro, NC 27419
Subject Property: Wood Valley Apartments
Ut to Cross Creek [030615, 18-27-4-(1), WSIV]
REQUEST FOR MORE INFORMATION
Dear Sir or Madam:
On January 9, 2009, the Division of Water Quality (DWQ) received your "Courtesy Copy" application
dated December 22, 2008, to fill or otherwise impact 0.22 acres of 404/wetland and 40 linear feet of
perennial stream to construct the proposed apartment development at the site. The DWQ has determined
that your application was incomplete and/or provided inaccurate information as discussed below. The
DWQ will require additional information in order to process your application to impact protected
wetlands and/or streams on the subject property. The DWQ will require additional information in order
to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive five copies of the additional information requested below, we will place this
project on hold as incomplete until we receive this additional information. If we do not receive the
requested information, your project will be formally returned as incomplete. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
Please verify that the USACE will be permitting your project as a Nationwide Permit No. 12 and
e: - Ivl?.
F t -- i-w?A
not a Nationwide Permit No. 29. 5eE:? ,?-?AC I}>tp
or-1 tzl?, IE Sr--?%-?N ?1)ITiA USAGE-?n???r-?i?y?or.? C?rF71Cs-
Please re-submit your site plans on full plan sheets at a scale of no smaller than 1 "=50' with
topographic contours shown.
3. Please provide building envelopes for all lots with wetlands or streams on the site plans.
I o-:> S+A -?5 G i . ) ? (2- t,Z
4. Please indicate proposed lot layout as an overlay on the site plan.
C-- t , 1
5. Please locate the project boundaries on the most recent bound and published Cumberland County
Soil Survey and the most recent USGS 1:24,000 topographic map for the project. Also, please
provide a location map clearly showing the ocation of the site relative to I-95.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: Intll_?ai2t).cnr state.ile.usincwetlaiids
N ?thCarolm
?adura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
e,
Commonwealth Road Properties, LLC
Page 2 of 2
January 29, 2009
6. Please indicate all stream impacts including all fill slopes, dissipaters, and bank stabilization on
the site plan. S1-tou?r.1 ark C_ I . L? G 1. 3
7. Please indicate all wetland impacts including fill slopes on the site plan. The impact map should
clearly show and label impacts. S? oaf G (, Z? Gl . ')-
8. Please locate all isolated or non-isolated wetlands, streams, and other waters of the State as
overlays on the site plan.
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn
and you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to dAowss this matter.
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Um
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Matthew W. Johnson, Triad Design Group, 4807-C Koger Boulevard, Greensboro, NC 27409
Filename: 090064 WoodV alleyApa rtments(Cu mberland)On_Hold

Page 1 of 2
Matt Johnson
From: Smith, Ronnie D SAW [Ronnie,[e-mail]. mi1]
Sent: Friday, January 30, 2009 4:03 PM
To: Matt Johnson
Subject: RE: Wood Valley Apartments
This will be permitted as a NWP 12 since there are no wetland impacts associated with the construction of the
apartments.
Ronnie
From: Matt Johnson [mailto:[e-mail]]
Sent: Friday, January 30, 2009 1:50 PM
To: Smith, Ronnie D SAW
Subject: RE: Wood Valley Apartments
Ronnie-
The NCDWQ wanted us to check with you and see if you would rather us use Nationwide permit 29 as apposed
to Nationwide No12. Please let me know if you think we should change our permit. If so, I will send you a revised
copy for processing.
Thanks for your help-
Matt Johnson, F .E.
Civil Engineer
Triad Design Group P.C.
336-218-8282
From: Smith, Ronnie D SAW [mailto:Ronnie.D.Smith @saw02.usace.army.mil]
Sent: Friday, January 23, 2009 2:01 PM
To: Matt Johnson
Subject: Wood Valley Apartments
January 23, 2009
AID#: SAW-2007-01562
Commonwealth Road Properties, LLC
P.O. Box 8050
Greensboro, NC 27419
Mr. Johnson,
On January 8, 2009, we a received a pre-construction notification (PCN) to utilize nationwide permit 12
for the temporary discharge fill material into 40 linear feet of stream channel and 0.22 acres of adjacent wetlands
for the installation of a utility line to serve the proposed Wood Valley Apartments located off of Commonwealth
Drive, south of Country Club Drive, in Fayetteville, Cumberland County, North Carolina.
The application is incomplete at this time and we need additional information in order to process this
request. The needed information is as follows:
1. It appears that the impact calculations described in the PCN are incorrect. The impacts should describe the
w idth of the construction corridor or the width of the areas that will be cleared to install the utility line.
Please provide an accurate impact calculation.
2. Please reduce the width of the permanent maintenance corridor to 10 feet or provide justification for 15 feet
w ide corridor.
2/6/2009

Office Use Only: Form Version March 08
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 12, GC 3625
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here D i.§ V L5 D
II. Applicant Information FEB 1 0 2009
1. Owner/Applicant Information
DENR - WATER QUALITY
Name: Mr. Arthur L. Samet WIETLANDS AND STORMWATER BRANCH
Mailing Address: Commonwealth Road Properties, LLC
Post Office Box 8050
Greensboro N.C. 27419
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Matthew W. Johnson P E
Company Affiliation: Triad Design Group
Mailing Address: 4807-C Koaer Blvd
Greensboro N.C. 27407
Telephone Number: 336-218-8282 Fax Number: 336-218-8010
E-mail Address: miohnson(a-)triad-designgroup.com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of projecV. _ Wood Valley Apartments
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0428-46-3243,-0428-36-6961
4. Location
County: Cumberland Nearest Town: Fayetteville
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Heading North on Bragg Blvd
(NC 24/ NC 87 Make a right on Pamalee Drive Make Right onto Commonwealth Avenue
Site at the end of Road
5. Site coordinates (Lat/Long or decimal degrees): N 35 Deg 5.133 Min W 78 Deg 55.273
Min(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates
for each crossing of a distinct waterbody.)
6. Property size (acres): 23.25 AC
7. Name of nearest receiving body of water: Cross Creek
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is undeveloped and Slopes from the north to the south
Site is currently forested.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Project
will consist of a 241 unit Apartment Complex with the associated drives Utilities and
amenities. The utility installation will require some wetland disturbance and a Stream
Crossing
11. Explain the purpose of the proposed work: The proposed work is to provide sewer service
to the proposed apartment complex
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The Impacts will include 2 areas of
wetland disturbance and 1 stream crossing
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to hoth structure and flnnrlino
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
-year
100 Floodplain
(es/no) Distance to
Nearest
Stream
linear feet) Area of
Impact
(acres)
1 Temp Forested No 330 0.07
I Perm Forested No 330 0.02
2 Temp Forested Yes 0 0.10
2 Perm Forested Yes 0 0.03

Total Wetland Impact (acres) 0.22
3. List the total acreage (estimated) of all existing wetlands on the property: 4.61 ac
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included- To onInnlatP norPaoa miiltinlc1 lanrrth V uarirlth th4sn AixrMa 1.., Al 4ZAA
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
1 Cross Creek Temp Perennial 15' 40 0.01

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredizina, flooding. drainage. bulkheads- etc_
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,

ocean, etc.) Area of
Impact

(acres)

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the nrnient-
Stream Impact (acres): 0.01
Wetland Impact (acres): 0.22
Open Water Impact (acres): 0.00
Total Impact to Waters of the U.S. (acres) 0.23
Total Stream Impact (linear feet): 40
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation/Dam/Embankment construction w/
stormwater control outlet structure and overflow ema. spillwav
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater
Current land use in the vicinity of the pond Undeveloped
Size of watershed draining to pond: 12.02 / 4.65 Expected pond surface area: 17,035;
10,752
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
httl2://h2o.enr.state.nc.us/ncwetlands/strinaide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
All disturbed areas outside of the 10 Maintenance corridor will be restored to pre-
construction grades and vegetation will be allowed to natural replace itself. No disturbance
outside of the 10' corridor will take place once construction is complete.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at httl2:Hh2o.enr.state.nc.us/M/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.25 Ac
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
I 3 (2 for Catawba)
2 1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260.
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XHI. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No [
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development which could impact nearby downstream water quality? Yes ? No P
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Page 12 of 12
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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