20081796 Ver 1_More Info Received_20090413

LEONARD S. RINDNER, PLLC
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
April 10, 2009
Mr. Alan Johnson ,
1 r-
NCDENR Mooresville Regional Offices 1?-J
610 East Center Street Suite 301
Mooresville, NC 28115
Ms. Cyndi Karoly/Mr. Ian McMillan -? 4113A DWA f A QUAtlry
NCDENR - Division of Water Quality OR.r?TERHIyyy
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
o$- ?? 9 to Ljd
Re: Rockv River Landing Phase II - DWO 0"186 - REQUEST FOR MORE
INFORMATION RESPONSE
Dear Madame and Sirs:
This letter is in response to your request for final stormwater management approvals for
the above referenced project. My client, Mr. Brian Natwick, of Crescent Resources is
kindly requesting your reconsideration based on the following information:
1) The City of Concord has a state delegated Stormwater Program that meets Phase
II NPDES stormwater program. This is applied through their Uniform Development
Code.
2) A grading permit or floodplain development permit will not be issued by the City
of Concord until the development plans; including the stormwater management plans are
approved.
3) A Certificate of Occupancy will not be issued until the Stormwater Management
Plan is approved and implemented as approved.
4) The City of Concord will require the 404/401 to be issued prior to reviewing the
plans and/or approving the plans.
5) The City of Concord requires very detailed development and engineering plans.
This would require a significant "at risk" investment in the complex architectural plans and
engineering fees not knowing formally from the USACE, NCDENR, and/or other
agencies if the Individual Permit Process will result in an approval. This is especially
problematic during the current economic conditions.
It is for all practical purposes impossible for the wetlands to be impacted or for a building
to be occupied without the City of Concords approval of the Stormwater Management
Plan. Therefore we are requesting that the 401 Water Quality Certification be issued with
the following Additional Conditions:
a) An approval letter from the City of Concord and at least one copy of the approved
SMP, including plan details, calculations and other supporting information must be
submitted prior to any approved impacts to streams and/or wetlands.
b) The stormwater plan must be implemented in accordance with the approved plans
prior to occupancy of any permanent buildings.
I have attached a preliminary sketch of the proposed multi-family development provided
by the architects and civil engineers for the project that indicates the approximate location
and size of the proposed stormwater facility. The approximate size of the stormwater
BMP is about 10% of the development area to make sure that adequate space has been
provided to meet the minimum stormwater management requirements. However, the
developer and engineer will want to reserve flexibility in the methodology and techniques
to implement the stormwater requirements, which are subject to approval by the City of
Concord in accordance with the NPDES Phase II requirements of the Uniform
Development Code. As indicated in the application the developer is intending to
incorporate aspects of the Natural Resource Management (NRMP) plan created by
Audubon Environmental which include `sustainability' recommendations. These include
the incorporating the following suggestions:
Structural: Use of compost socks, grassed swales, filter strips, and stormwater wetlands;
converting landscape beds in parking lots to rain gardens where feasible, pervious pavement where
feasible, and that physical controls be added to drop inlets or junction boxes.
+- Non-structural: Special management zones, no direct surface or direct sub-surface storm
drainage to environmentally sensitive areas (wetlands), appropriate turf grass, vegetated buffers of
native plant materials, proper irrigation, slow release fertilizers.
We would appreciate your consideration of approving the 401 Water Quality Certification
with Additional Conditions based on the additional information provided in this letter.
Please, _,1"jt me if you have any questions. Thank you.
Leonard S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist
Cc: Mr. Steve Lund - U. S. Army Corps of Engineers
Mr. Brian Natwick - Crescent Resources LLC
2
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 15, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Brian Natwick
Crescent Resources, LLC
400 South Tryon Street, 13'x' Floor
Charlotte, NC 28285-0107
Subject Property: Rocky River Landing Phase II
Ut to Rocky River [YAD 10, 13-17, C]
REQUEST FOR MORE INFORMATION
Dear Mr. Natwick:
DWQ Project # 08-1796
Cabarrus County
On January 8, 2008, the Division of Water Quality (DWQ) received your application dated November 21,
2008, and Public Notice issued February 11, 2009, and received by the DWQ on February 11, 2009, to fill
or otherwise impact 1.13 acres of 404/wetland, and 150 linear feet of stream to construct a residential
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. 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:
1. Please provide documentation of the local government's approval of the stormwater management
plan (SMP) for this project by providing EITHER:
• A valid approval letter and one copy of the approved SMP (including plans and calculations), OR
• One set of stormwater plan details and calculations stamped as "Approved" by the local
government.
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 discuss this matter.
401 Civersight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCaro]ina
?atura!!r?
An Equal Opportunity 1 Affirmative Action Employer
Crescent Resources, LLC
Page 2 of 2
March 15, 2009
Sincerely,
V Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKJym
cc: Alan Johnson, DWQ Mooresville Regional Office
Steve Lund, USACE Asheville Regulatory Field Office
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC 28105
Filename: 081796RockyRiverLandingPhaselI(Cabarrus)On_tlold
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' tipped counties
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http://h2o.enr.state.ne.us/su/tipped counties.htm 4/10/2009