20050044 Ver 1_Complete File_20050107

OF W A TFR Michael F. Easley, Governor
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Q G Ross Jr
Secretar
Willia
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North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
February 8, 2005
DWQ Project # 05-0044
Durham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Neighborhood Development Partners, LLC
Attn: Mr. Jerry Owen
6504 Falls of Neuse Road
Raleigh, NC 27615
Subject Property: Quail Creek PDR Development, Little Lick Creek [27-0-(0.5), WS-IV NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Owen:
On January 7, 2005, the Division of Water Quality (DWQ) received your application dated January 6,
2005 to impact 0.15 acres of wetlands, 226 linear feet of streams, and 11,006 square feet (ft2) of riparian
buffer to construct the proposed Quail Creek Subdivision. The DWQ has determined that your
applications were incomplete as discussed below. The DWQ will require additional information in order
to process your application to impact protected wetlands, streams and/or buffers 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 21-1.0506 and 2B .0233(8) 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. Avoidance and Minimization of Impacts
a. There are multiple crossings of the same stream. Please redesign your project to first
avoid impacts and then minimize the amount of impacts for streams, protected buffers, .
2. Plan Details
a. Stormwater management must be designed in accordance with the requirements for WS-IV
NSW. This requirement is in Condition 4 of GC 3402
[http://h2o.enr.state.nc.us/ncwetlands/GC3402.pdf].
b. Please provide details for the stormwater management practices as required by the Neuse
River Buffer Rules.
401 Oversight/Express Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http:/lh2o.m.state.tic.us/ncwetlands
Ny`
o Carolina
Ntima!!y
An Equal OpportunitylAffirmative Action Employer-50% Recycled/10% Post Consumer Paper
Quail Creek Subdivision
Page 2 of 2
February 8, 2005
c. Please indicate all stormwater outfalls on the site plan
d. Please indicate the diffuse flow provision measures on the site plan.
e. Stormwater management plans must include site plan/construction plans, specifications,
worksheets for each BMP, supporting calculations, typical details, and a signed and
notarized Operation and Maintenance Agreement. Information can be located at:
http://h2o.enr.state.nc.us/ncwetlands/n2itresto.html
Please respond within three weeks of the date of this letter by sending this information in writing to this
office. If we do not hear from you within three weeks, then 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 contact Cynthia Van Der Wiele, Ph.D. at
[e-mail] if you have any questions regarding this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight Unit
CBK/cvdw
cc: Eric Kulz or Mike Horan, DWQ Raleigh Regional Office
Todd Tugwell USACOE-Raleigh Regulatory Field Office
File Copy
Central Files
Bill Mills, Civil Consultants, Inc., 3708 Lyckan Parkway, Suite 201, Durham, NC 27707
Filename: 050044 Quail Creek(Durham) On Hold
F W ATF Michael F. Easley, Governor
O
RO
G William G. Ross Jr., Secretary
Uj r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 23, 2005
DWQ # 20050044
Durham County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Neighborhood Development Partners, LLC
Attn: Mr. Jerry Owen
6504 Falls of Neuse Road
Raleigh, NC 27615
Subject Property: Quail Creek PDR Development
Little Lick Creek [27-0-(0.5), Winston-Salem-IV NSW]
NOTICE OF WITHDRAWL
Dear Mr. Owen:
On January 7, 2005, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on February 8, 2005 discussing concerns that we
have regarding the design of the project and stating that it would be placed on hold for three weeks
giving you time to address DWQ's concerns. As of today, DWQ has not received a response to this
request. Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's
earlier concerns are addressed. Once you have collected sufficient information to have a complete
application (please see our February 8, 2005 letter for the missing information), you will need to
reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statuses and Administrative Code. Please call Mr. Ian McMillan at 919-715-4631 if you have any
questions or concerns.
Sincerely,
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
n earoly, isor
s Revie Permitting Unit
0
Filename: S:\2005 Correspondence\05-0044 Quail Creek PDR Development (Durham) Withdrawal.doc
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: tt •//h2o.enr,statc.nc.us/ncwctlands
Noe' Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Quail Creek c/o Neighborhood Development
Project Number 05 0044
Recvd From APP
Received Date 1/7/05 Recvd By Region
Project Type access roads, residential S/D
Michael Horan
KPn Schuster
County Durham
County2
Region Raleigh
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 39 Stream O Y O N 27-9-(0.5) FNVS[V NSNV 30,401. 0.15 226.00
NBR Buffers O Y ON F F__F_-F- 30,401. o-25 F
O N ??????
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? O Y ON Did you request more info? @)Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
Corps has on hold for minimization and avoidance issues. Cynthia has questions pertaining to
stormwater. I would recommentd putting the eject on hold for all of these reasons. (Michael
Horan 2/4/05)
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date:
To: ? ARO
? FRO
? MRO
)RR0
Project Name:
Kevin Barnett
Ken Averitte
Alan Johnson
Mike Horan

rh?
County:
From:
? WaRO Tom Steffens and Kyle Barnes
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) x-31 ? T2,6
The file attached is being forwarded to dour for your evaluation.
Please call if you need assjstance.
i
? Stream length impacted ?.
Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
?ffNIinimization/avoidance issues
Buffer Rules Neuse Tar-Pamlico, Catawba, Randleman)
? Pond fill
P4-tigation Ratios
Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:

CIVIL CONSULTANTS im.
Ci«1 Engineers
Land Development Consultants
January 6, 2005
Mr. Todd Tugwell
US Army Corps of Engineers
Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, NC 27615
Ms. Cyndi Karoly
Wetlands and Stormwater Unit
N.C. Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Quail Creek Application
Neighborhood Development Partners, LLC
CCI Project #11005
Durham, NC
Dear Mr. Tugwell and Ms. Karoly:

Please find enclosed an application for permit for roadway crossings and
stormwater BMP's on the referenced site. The fill in waters and wetlands is required to
allow the construction of the Quail Creek PDR Development, Durham County.
The submittal is made to the USACE as an original only with maps, prints and
preliminary stormwater management plan. The DWQ submittal is in 7 copies and
includes the application fee of $475.
Please contact me if you have any questions or need additional information.
Regards,
Bill Mills, P.E.
Attachments
LW #11005

3708 Lyckan Parkway o Suite 201 o Durham, N.C. 27707
919-490-1645 Phone i, 919-403-0336 Fax o ?vwvr.civil-consultants.corri
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L 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
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NWP 39
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ?
IL Applicant Information
1. Owner/Applicant Information
Name: Neighborhood Development Partners. LLC
Mailing Address: 6504 Falls of Neuse Road
Raleigh. NC 27615
Telephone Number: 919-277-1094 Fax Number: 919-277-1095
E-mail Address: [e-mail]
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: William C. Mills
Company Affiliation: Civil Consultants, Inc.
Mailing Address: 3708 Lyckan Parkway, Suite 201
Durham. NC 27707
Telephone Number: 919490-1645 Fax Number: 919403-0336
E-mail Address: [e-mail]
Page 5 of 14
M. 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 ofproject: _ Quail Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN): 0850-03-04-6083k, primary. I 1 Tax PINs. (list
attached).
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): Quail Creek
Directions to site (include road numbers, landmarks, etc.):. From US Hwy 70 E of Durham
at the intersection with Sherron Road (SR 1811) turn north on Sherron Road the first left
turn is Mineral Springs Rd. (SR 1917) Go'/4 mile on Mineral Springs Rd The project is on
the east side of Mineral Springs Rd
5. Site coordinates, if available (UTM or Lat(Long):approx. 35 57'40" 78 49'50"
(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): 134 acres f
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Trib to Little Lick Ck..
WS-IV NSW 27-9-(0.5)
8. RiverBasin:Neuse (NEU01)
(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/.)
Page 6 of 14
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing uses: vacant, vacant residential, residential and
forestry
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed PDR development will contain approximately 310 single-family lots. up to 30,000
sf of support retail and a recreational amenity area. Equipment used will be conventional
earthmoving equipment and conventional residential construction equipment.
11. Explain the purpose of the proposed work: To construct roadways for vehicle access to
various sections of the project and construct appropriate stormwater runoff management
BMP's. Two new stream crossings with public roads and the modification of an existing
public roadway stream crossing would be constructed to provide interconnectivity of the
PDR development components. Construction of three stormwater BMP's would be located
within the stream buffers.
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.
DWO tentative approval of Neuse buffers on Oct 8 2004 (buffer maps included in this
submission for final approval). USACE approved the delineation on Oct 25 2004, USACE
Action ID #200520047.
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.
None
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
Page 7 of 14
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Two new stream crossings with
public roads and the modification of an existing public roadway stream crossing would be
constructed and built to City of Durham Standards The modification of the existing
roadway will include upgrade of culvert size and minimal increase to the road width
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
#1 Stream crossing 0.05 No adjacent Forested wetland
#2 Stream crossing 0.07 No adjacent Forested wetland
#3 Stream crossing 0.03 No adjacent Forested wetland

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
ss 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FRUA), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httpJhrtitiNv.fema.eov.
s*s List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 6.47 acres
Total area of wetland impact proposed: 0.11 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear fect)
Stream Name** Avcragc Width
of Stream
Before Impact Perennial or
hucmiittcnt?
(please specify)
#1 Culvert 149 UT to Little Lick Ck 11 Perennial
112 Culvert 124 UT to Little Lick Ck 3 Ephemeral
#3 Culvert 77 (add.) UT to Little Lick Ck 4 Intermittent

List cacn impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-mp,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
Page 8 of 14