20160328 Ver 2_RE External RE Brookfield s d Section 4_20180212

Strickland, Bev
From: Pullinger, Robert C
Sent: Monday, February 12, 2018 5:03 PM
To: 'Igor Palyvoda'
Subject: RE: [External] RE: Brookfield s/d, Section 4
Mr. Palyvoda (Igor),
If you are willing to establish a buffer around the newly created stormwater pond, then it would be an allowable activity,
but like you mentioned, if part of your stormwater treatment device/pond would be in Zone 2, and you can't/don't want
to put a buffer around the pond, then it would be allowable with mitigation. Basically, if you can get the top of the pond
"bank" (or berm) at the 50 -foot line, where you can establish sheet flow on the back/stream side of the berm (and that
side of the berm isn't wider than 20 feet, to where it would infringe on woody vegetation in Zone 1, then I'm pretty
confident that would return it to being just an "allowable" activity that would only require a buffer authorization
(without mitigation). I'm going to verify this with our stormwater person in Raleigh, but I've talked it over with Anthony,
and he is in agreement that it makes sense. Hopefully I can get an answer back from the Raleigh folks first thing in the
morning (and I'll get back to you then).
Chris Pullinger
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3922 office
chris.pullingera-ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
From: Igor Palyvoda [mailto:[e-mail]]
Sent: Thursday, February 08, 2018 1:15 PM
To: Pullinger, Robert C <[e-mail]>
Subject: [External] RE: Brookfield s/d, Section 4
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Chris,
Thank you for getting it back to us. We didn't think that any portion of this ditch would end up being subject to riparian
buffer rules. Our proposed stormwater wetland, as currently drawn, would end up being partially in zone 2 of riparian
buffer. I was hoping that you could clarify something for me. Can we put a portion of new stormwater wetland in zone 2
of riparian buffer? The way that I interpret Neuse Table of Use listed in 15A NCAC 02B .0233 (pg. 60) is that we can but
mitigation would be required. See wording below.
"New stormwater management ponds where a riparian buffer that meets the requirements of Items (4) and (5) of this
Rule is NOT established adjacent to the pond."
The way that I interpret this sentence is that since a portion of proposed stormwater wetland ends up being in zone 2 of
riparian buffer that a full buffer meeting the requirements of Items (4) and (5) would NOT be established. Therefore, the

mitigation for zone 2 impacts caused by the installation of stormwater wetland within zone 2 of riparian buffer would be
required. Do you agree with this interpretation or are we prohibited from placing a portion of stormwater wetland into
zone 2? Also, I have another question. Is the stormwater wetland considered to be in zone 2 of riparian buffer when
temporary pool elevation encroaches into zone 2 of riparian buffer or when the top bank of newly formed stormwater
wetland encroaches into zone 2 of riparian buffer? Please advise when you get a chance. I just want to make sure that
there is no misunderstanding on my part.
Thanks
Bald in Design
onS&Mt ,PA
io 4":Igor Palyvoda, PE
Vice President
1700-D East Arlington Boulevard
Greenville, NC 27858
252.756.1390
252.321.1412 (Fax)
[e-mail]
From: Pullinger, Robert C[mailto:[e-mail]]
Sent: Thursday, February 08, 2018 7:24 AM
To: [e-mail]
Cc: Beecher, Gary H CIV USARMY CESAW (US) <[e-mail]>
Subject: Brookfield s/d, Section 4
Mr. Palyvoda (Igor),
Please find attached the determination letter for this project. I apologize for any delay, and if you have any questions,
please let me know how I can be of help.
Chris Pullinger
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3922 office
chris.pullingera-ncdenr.gov
943 Washington Square Mall
Washington, NC 27889