20050142 Ver 1_Complete File_20041216

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 26, 2005
Mr. Norton Webster
Kimley Horn & Associates, Inc.
PO )3ox 33068
Raleigh, NC 27636-3068
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0142
Wake County
Page 1 of 2
Subject Property: Alexander Place, Raleigh, NC
UT to Little Brier Creek [03-04-02, 27-33-4-1, C NSW]
Dear Mr. Webster:
On December 16, 2004, the N.C. Division of Water Quality (DWQ) received your letter dated
December 13, 2004 requesting written concurrence that your client's proposed activity of
installing three (3) road crossings at the subject property does not require written approval from
the DWQ under the Water Quality Certification Rules, 15A NCAC 02H.0500 and the Neuse
Bu#er Rule, 15A NCAC 02B .0233. You did not provide detailed maps or descriptions of the
subject property except that it is located in the northeast quadrant of the intersection of US70 and
Brier Creek Parkway. As such, the DWQ is somewhat limited on how we can advise you on this
project's compliance with these Rules.
If the US Army Corps of Engineers (USACE) allows you to permit this project under
Nationwide Permit 39, then the appropriate General Water Quality Certification to use is
GC3402. In general, if the project does not exceed 150 feet of stream impacts (cumulative
including all intermittent and perennial streams) and if the proposed impacts are designated as
"e mpt" in the Table of Uses of the Neuse Buffer Rule, then written concurrence from the
DWQ is not required for the use of GC3402. However, the project must comply with all of the
conditions of GC3402 (see attached).
Road crossings of streams and other surface waters subject to the Neuse Buffer Rule that impact
equal to or less than 40 linear feet of riparian buffer are designated as "exempt" in the Table of
Users. Currently, each road crossing is reviewed as a separate use and not cumulative as done
with the stream impacts under GC3402. As such, the general description that you provided
within your letter of crossing streams located on the subject property with three roads all with a
construction corridor less than 40 feet wide would not require written approval from the DWQ.
Please note that the USACE typically determines a project's boundaries. If the USACE
determines that this project is cumulative to other projects, then you will need to account for all
401 Mands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Bqulevard, Suite 250, Raleigh, North Carolina 27604
Phonet 919,73311786 /FAX [phone] / Internet: htta://h2o.enr.state.nc.ustncweUands
NO ` Carolina
Va al
An Equal Opportonity/Affirmative Action Employer - 500% Recycled/1 0% Past Consumer Paper
Alexander Place
Page 2 of 2
January 26, 2005
previous impacts that have occurred on the other projects when determining the application
impact thresholds allowed for streams and wetlands as detailed in Condition No. 2 of GC3402.
If the project exceeds these thresholds or if any activity is not specifically designated as
"exempt" in the Table of Uses of the Neuse Buffer Rule, then you will be required to obtain
written approval from the DWQ.
If you have any questions or would like a copy of the rules, please call [phone].
Sincerely,
Bob Zarzecki
DWQ - Wetlands Unit
bz
Enclosures: GC3402
cc: DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
•? File Copy
Central Files
Filename: 05-0142
Kimley-Horn
and Associates, Inc.
December 13, 2004
Mr. Bob Zarzecki
NC DENR
Division of Water Quality
Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Nationwide 39 Written Exemption Request
Alexander Place
Raleigh
Wake County, North Carolina
Dear Mr. Zarzecki:
On behalf of our client, SLF Ruby Jones, LLC, Kin-ley Horn and Associates, Inc.
is requesting concurrence that no written approval or permit approval from the
Division of Water Quality (DWQ) is required for the above referenced project for
impacts to three stream channels based on current DWQ regulations. The site is
located in the northeast quadrant of the intersection of US 70 and Brier Creek
Parkway in Raleigh, Wake County. A Nationwide 39 for three stream crossings
for a commercial development was applied for on October 13, 2004 through the
U.S. Army Corps of Engineers. The three proposed stream crossing will impact
approximately 39 linear feet per stream channel. Based on Water Quality
General Certification #3402 conditions #1 and #2, no written concurrence or
permit approval is required and the activity is exempted based on 15A NCAC 2B
.0200.
Thank you for your attention to this matter. If-you have any questions, please
call me at [phone].
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Norton Webster
Environmental Scientist
DEC 1 6 2004
DENR - WATER QUALITY
WETLANDS AND SM MWATER NVM
¦
P.O. Box 33068
Raleigh, North Carolina
27636-3068
¦
TEL [phone]W
FAX [phone]
Facility Nome 'Thompson Tract - Phase I of Alexander Place
Pr OieOO Number -43 `1052 = E] Express
Project ype purpose of road crossing for residential subdivision
Location=,UT of Little Brier Creek Raleigh C
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