20060197 Ver 1_More Info Letter_20060412

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April 12, 2006
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 2006-0197
New Hanover County
CERTIFIED MAIL: 7005 1820 0007 9587 7518
RETURN RECEIl'T REQUESTED
Helmsdale Investors, LLC
Preston Development Company
100 Weston Estates Way
Cary, NC 27513
Subject Property: Helmsdale at Landfall
REQUEST FOR MORE INFORMATION
Dear Sirs:
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On February 6, 2006, the Division of Water Quality (DWQ) received your application dated February 1, 2006 to
impact 0.295 acres of wetlands and 72 feet of stream to construct the proposed 48 lot residential subdivision. Due
to cumulative impacts in the Landfall Subdivision, the US Army Corps of Engineers {USAGE) has determined
that the project as proposed will require an Individual Permit. The Public Notice was issued by the USAGE on
February 21, 2006. 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 the
additional information requested below, we will have to move toward denial of your application as required by
15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Impact Justification (Avoidance and Minimization)
Based on the economic analysis provided, it appears that it is economically feasible to utilize bridges for the
proposed wetland and stream crossings or to minimize the number of lots to 32 versus 48. It also appears that
the amount provided as the average sale price per lot is not current. Comparables in the area recently sold for
as much as $293,000. Even if we use $250,000, the return on your investment for the development and sale
of 321ots at the subject site would be approximately 58%, and the development and sale of 48 lots, if the
bridges were constructed based on the proposal provided, would result in a 94% return on investment. This
appears to be a fair and reasonable return in the current real estate market. Based on this information, all
impacts can be reasonably avoided and a practical alternative does exist on-site. This office strongly
recommends that you revise the site plan to avoid some if not all of the proposed impacts.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Services-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www ncwaterquality ore One
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Helmsdale Investors, LLC
Page 2 of 3
April 12, 2006
If you decide to move forward with the project as proposed, despite DWQ's objections, please provide the
following:
2. Signature Authority
Please note that the applicant must be an official member of the LLC (Smith, Rawl, or Parker). Mr. Moore has
signed the agent authorization form as an agent, but he is not the listed registered agent and not a listed member
of the LLC. Please have the appropriate person sign Land Management Group's authorization form or the
Individual Permit application form.
3. Jurisdictional Determination Map
Please provide a copy of the jurisdictional determination map. Please make sure the wetlands on Lot 25 have
been included on the final signed map.
4. Plan Details
The cross-section details provided to not show the culverts. If you decide to move forward with the project as
proposed, despite DWQ's objections, please make sure that surveyed cross-sections depicting the culverts
placed below grade (20% or 12", whichever is less) to allow for the passage of aquatic life.
5. Mitigation
Please provide a more detailed conceptual mitigation and monitoring plan including stream mitigation at a
minimum ratio of 1:1. Please also provide a draft copy of the proposed conservation easement/preservation
language.
Please note that if you decide to move forward with the project as proposed, this office will move forward with a
recommendation for denial.
Please respond within three weeks of the date of this letter by sending this information to me in writing and Cyndi
Karoly of the DWQ 401 Oversight Unit in the Raleigh Office. If we do not hear from you within three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn.
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 me at 910-796-7405 or Cyndi Karoly at 919-733-1786 if you have any questions
regarding or would like to set up a meeting to discuss this matter.
Sincere~~ly~~,
Noelle Lutheran
Environmental Specialist III
CBK/nml
cc: Kim Williams, Land Management Group Inc.
Cyndi Karoly, DWQ 401 Oversight Unit
Jennifer Frye, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ WiRO File Copy
Central Files
Filename: 060197.apr06