20090136 Ver 1_More Info Letter_20090504

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
'Governor Director Secretary
May 4, 2009
DWQ Project# 2009-0136
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Town of Wake Forest
Attn: Ms. Susan Simpson
401 Elm Avenue
Wake Forest,NC 27587-2932
Subject Property: Dunn Creek Greenway,Wake Forest,NC
UT to Smith Creek [030402, 27-23-(2),C,NSW]
REQUEST FOR MORE INFORMATION
Dear Ms. Simpson:
On February 11, 2009,the Division of Water Quality(DWQ)received your application dated February
11, 2009, with additional information received on March 6,2009 to impact 5,051 square feet(ft)of Zone
1 protected riparian buffers and 6,638 square feet(ft)of Zone 2 protected riparian buffers to construct the
proposed greenway. The DWQ returned your application on March 18, 2009 and received additional
information on March 23, 2009. When the Environmental Management Commission (EMC)made its
determination in March 2007 that greenways in buffered areas should be six feet wide, it did not have the
benefit of the greenway safety and design information provided by your office and others. Upon
consideration of that material, DWQ is accepting the ten foot width of your greenway trail, as proposed.
However, the DWQ will require additional information in order to process your application to impact
protected buffers 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:
Avoidance and minimization is a critical component to the review of a buffer authorization request
for any use that is considered allowable or allowable with mitigation in the table of uses of the Neuse
Buffer Rules. The Division of Water Quality believes that areas of your proposed greenway trail
alignment listed below can be realigned to avoid the impacts to the protected riparian buffer. Please
discuss the specific engineering, design, and right-of-way constraints to articulate why the trail can
not be realigned in the following specific locations labeled as stations (STA)on your plan sheets:
1. Between STA 14 and 15 on Lots 658 and 659. Please be sure to include details as to why the trail
can not be moved further into Lots 658 and 659. It would be helpful to show the building
envelopes and lot sizes for these two lots along with your justification.
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center,Raleigh,North Carolina 27699-1650 NOrthCaiohna
Location:2321 Crabtree Blvd.,Raleigh,North Carolina 27604 1�N�//_J
Phone:[phone] FAX:[phone] �a` ` lj J
Internet:http://h2o.enr.state.nc,us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer

Town of Wake Forest
Page 2 of 2
May 4,2009
2. Between STA 16 and 17 on Lots 661 and 662. Please be sure to include details as to why the trail
can not be moved further into Lots 661 and 662. It would be helpful to show the building
envelopes and lot sizes for these two lots along with your justification.
3. Between STA 21 and 24(Lots 667, 668,Town of Wake Forest P/N 1840-63-7946 and Town of
Wake Forest P/N 1840-64-7176). Please be sure to include details as to why the trail can not be
moved further into these four lots. It would be helpful to show the building envelopes and lot
sizes for these four lots along with your justification.
4. At STA 30(Holding Village, LLC Property). If the trail was curved slightly onto the Holding
Village Property, it appears the buffer impacts could be completely eliminated. It would be
helpful to discuss the development plan for this property along with your justification.
5. Between STA 52 and 53 (Nancy Dameron Property). Please be sure to include details as to why
the trail can not be moved further south toward the Nancy Dameron Property P/N 1840-76-1672.
It would be helpful to discuss the development plan for this property along with your justification.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this
information to me and to Lauren Witherspoon of the DWQ Raleigh Regional Office. If you will not be
able to provide the requested information within that timeframe, please provide written confirmation that
you intend to provide the requested information, and include a specific timetable delineating when the
requested materials will be provided. If we do not hear from you in 30 calendar days,we will assume that
you no longer want to pursue this project and we will consider the project as returned.
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 Ms.Amy Chapman at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Matt Matthews,DWQ Wetlands and Stormwater Branch
Chuck Wakild,DWQ Deputy Director
Jamie Shern,USACE Raleigh Regulatory Field Office
File Copy
Filename: 090136DunnCreekGreenway(Wake)NBR_On Hold3

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Town of Wake Forest
Ms Susan Simpson 5/5/09
401 Elm Ave
Wake Forest NC 27587 3Xi7','Reglstered
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DWQ 09-0136 Wake County Return Receipt for Merchandise
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UNITED STATS PQ$jA :SERyE u l y , , +_Pe yt
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NC DENR Division of Water Quality
401 Oversight/Express Unit
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