20050824 Ver 1_Complete File_20050516

Re: The Village at Cleveland Springs
Subject: Re: The Village at Cleveland Springs
From: Debbie Edwards <[e-mail]>
Date: Thu, 14 Jul 2005 10:11:42 -0400
To: Richie Hines <[e-mail]>
CC: Cyndi Karoly <[e-mail]>
,?1 1 '7
Richie,
You and your client have basically two options. You can either send in a formal
Appeal call request for the stream and pond that I called subject, this request is to
be sent to the Director however he has delegated that authority to Cyndi Karoly so
you can send the request directly to her. I will not be able to go back out to make
that call, it will either be Cyndi or whomever she delegates. Or, you can breech the
dam and drain the pond and schedule another site visit in about 6 months to see what
if anything has settled in the pond bottom and below the pond. If this is what you
and your client decide to do then it needs to be done correctly, you need to pump the
pond down and then breech the dam. If you just breech the dam then you would likely
cause water quality violations with the sediment that will be directly released into
the system. Unfortunately, we come across this issue quite often with the rural
areas. The stream feature in question is located in a linear Bibb soil series and
from experience, these soil series typically contain stream features. If I remember
correctly, the pond is below the subject stream feature and is oddly delineated on
the USGS topo map, I don't disagree that this pond was dug but possibly dug farther
down on the drainage system which is now below the water table (or seasonal water
table), either would still be considered intermittent. Please let us know what you
and your client choose to do.
thanks,
debbie
Richie Hines wrote:
Debbie,
Hope you are doing well and enjoying the summer - I feel like it will be gone
before we know it... Got a question for you about the pond and ditch that you
buffered at the subject site a couple of months back (94Q-EXP#--05-0824-)-
The developer would like to drain the pond so he can utilize the site for his
proposed townhomes. I talked to the contractor who cleaned the ditch out and dug
the pond many years ago, and he tells me that there was not a stream that fed the
pond. He says he deepened the ditch to help drain the fields and dug the pond so
the farmer could irrigate, and that if the pond is pumped dry, it will just fill
up again after the next rain. Can you come out after it is dry to investigate it
and give us your opinion of whether you think it will need buffering? With this
particular section of the development, time is critical. I'm sure you haven't
heard that before ... Any help you could give me with this client would be
appreciated.
Lee R. Hines, Jr., PE (Richie)
Southwind Surveying and Engineering, Inc.
Ph 773-0183 Fax [phone]
Deborah Edwards
Environmental Specialist III
401/Wetlands Unit
2321 Crabtree Blvd.
Raleigh, NC 27604
[phone]
1 of 1
7/14/2005 12:03 1) 1
O?O?. W AT F9QG
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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
May 20, 2005
DWQ EXP# 05-0824
Johnston County
Rex Development, LLC
5209 Capital Boulevard
Raleigh, NC. 27616
Subject Property: The Village at Cleveland Springs
UT to Swift Creek
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Sir or Madam:
On May 19, 2005, at your request I conducted an on-site'determination to review three features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "l, 2 and 3" on the attached maps initialed by me on May 20,
2005.
The Division of Water Quality (DWQ) has determined that the features labeled as 4 and
2" on the attached maps are subject to the Neuse Buffer Rule, the origin of these features
have been delineated and identified in the field with blue flagging. The feature labeled as
113" is not subject to the Neuse Buffer Rule. These stream features and their associated buffers
should be identified on any future plans for this property. The owner (or future owners) should
notify the DWQ (and other relevant agencies) of this decision in any future correspondences
concerning this property. This on-site determination shall expire five (5) years from the date of
this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated
Local Authority that a surface water exists and that it is subject to the buffer rule may request a
determination by the Director. A request for a determination by the Director shall be referred to
the Director in writing c/o John Domey, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., _
Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated
Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party
(including downstream and adjacent landowners) is notified of this decision. DWQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are made
in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you
ask for a hearing within 60 days.
N One Carolina
401 Oversight/ Express Review Permitting Unit fllrlJlllf
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Rex Development, LLC
Page 2 of 2
5/20/05
This letter only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
or Waters of the State. If you have any additional questions or require additional information
please call Deborah Edwards at [phone].
Sincerely,
AWK/dae
Attachments: Johnston County Soil Survey map
USGS Edmondson Quad map
cc: DWQ Raleigh Regional Office
File Copy .
Central Files
Richie Hines, Jr., PE-Southwind Surveying, 201 Glen Road, Garner, NC 27529
Filename 050824TheVillage(Johnston)EXP+origin
Alan W. Klimek P.E.
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W ATF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
EXPRESS PERMIT REVIEW PROGRAM
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review Permitting Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #:
Fax #:
919-733-0203
919-733-6893
Fax To: Rex Development
Richie Hines
Subject: The Village at Cleveland Springs
Number of pages including cover sheet: 5
Notes or special instructions:
Fax #: [phone]
919-773-0148
Date: 5/20/05
The original will be sent in the mail. If you have questions please call Debbie Edwards at 919-733-9502.
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: http:/i7r2o.enr.state.nc.us'ncwctiands
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An Equal Opportunity/Affirmative Action Employer- 5016 Recycle d/l0°o Post Consumer Paper
201 Glen Road
Gamer, NC 27529
Phone: [phone]
Fax [phone]
Transmittal Letter
Date: May 13, 2005
To: Debbie Edwards
Division of Water Quality
From: Richie Hines, PE 044?
Subject: Express Reviews
The Bluffs at Southfort
The Village at Cleveland Springs
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MAY 1 6 2005
K OSAt STa?yQU L/Ty
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No. of Copies Description
4 Soils and Quad Sheet
1 Vicinity Map
1 Review Fees $ 200 and $ 500
Please find attached submittal packages for the subject projects. I have
investigated the features and have cut line to make it easier to investigate. I
look forward to meeting you in the field.
Please do not hesitate to contact me by phone at [phone] or by email
at rhines(ci)southwnd.com if you have any questions or need additional
information. Thank you for your assistance.
LRH/
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O? WA7*?9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
Cq r North Carolina Department of Environment and Natural Resources
O ? Alan W. Klimek, P.E. Director
Division of Water Quality
May 12, 2005
EXPRESS REVIEW ACCEPTANCE LETTER
Rex Development, LLC
5209 Capital Boulevard
Raleigh, NC 27616
Fax #: [phone]
Subject Property: The Village at Cleveland Springs
On May 12, 2005, the Wetlands/401 Unit of the Division of Water Quality received a Fax/email request
from Lee R. Hines, Jr. regarding a stream origin call for a project known as "The Village at Cleveland
Springs" for acceptance into the Express Review Program. This letter advises you that your project will
be accepted into the Express Review Program once the following items are received 1) a fee of $500.00
made payable to the North Carolina Division of Water Quality, 2) four complete and collated copies of
the most recent versions of the NRCS Soil Survey map and the 1:24,000 USGS Topographic map for the
site, both with the property boundaries located, and 3) a vicinity map clearly marking the location of the
site. Thank you for your attention to this matter.
Please keep in mind that the clock for this project will not start until receipt of the completed application
package and required fee are received.
If you have any questions or wish to discuss these matters further please do not hesitate to call Cyndi
Karoly at 919-733-9721 or Deborah Edwards at 919-733-9502.
Sincerely,
0 U " j Alan W. Klimek, P.E.
CBK/dae
cc: DWQ Raleigh Regional Office
File copy
Central Files
Lee R. Hines, Jr., PE-201 Glen Road, Garner NC 27529
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: h"t)://h2o enr state nc us/newetlands
One
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An Equal OpporlunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
MULTI COMMUNICATION REPORT
DATE MAY-12-2005 THU 15:10
NAME : DWQ-WETLANDS
TEL [phone]
REF. NAME
COMMUNICATION MODE TX
NO. FAX NAME/NUMBER START TIME TIME MODE PAGE
228 98751015 05-121508 00'49" ECM 2/2
228 97730148 05-12 15:09 00'39" ECM 2/2
TOTAL TIME : 00:01128"
TOTAL PAGES : 4
RESULTS
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WATF9P Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p !? ^,
Alan W. Klimek, P.E. Director
Division of Water Quality
Cl)
EXPRESS PERMIT REVIEW PROGRAM
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review Permitting Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To: Rex Development, LLC Fax #: [phone]
Richie Hines 919-773-0148
Subject: The Village at Cleveland Springs Date: 5/12/05
Number of pages including cover sheet: 2
Notes or special instructions:
The original will be sent in the mail. If you have questions please call Debbie Edwards at 919-733-9502.
Richie,
Please make sure that you have been to the site and have evaluated the features on the map before I
make a site visit.
Thank you,
Debbie
41`hcarolina
401 Oversight/ Express Review Permitting Unit ,/ 41 11r11 J
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http:/ilh2o.cnr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 500% Recycled/10'% Post Consumer Paper
INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS PERMITTING PROGRAM
FOR THE 401 WATER QUALITY CERTIFICATION,
ISOLATED WETLAND PERMITTING
OR STREAM ORIGIN DETERMINATION PROGRAMS
February 25, 2004
Version 2
Applicant Name: Rex Development LLC
Applicant Address: 5209 Capital Boulevard
Raleigh NC 27616
Applicant's phone number: _(919) 875-1014 Fax number: [phone]
Applicant's email address: _p reitero capitol-homes com
Consultant Name (if applicable): Lee R. Hines Jr., PE (Richie)
Consultant address (if applicable): 201 Glen Road
Garner, NC 27529
Consultant's phone number: [phone] Fax number: [phone]
Consultant's email address: rhines r'.southwnd.com
Type of action requested under the Express Review Program (check all that apply):
? 401 Water Quality Certification
? Isolated Wetland Permit
? Riparian Buffer Approval
9 Stream Origin Determination
3 # of Determinations Requested
Name of Project: The Villagc at Cleveland Springs
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MAY 1 2 2005
IlFk ? R ; WATER QU
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Property size (acres) 151.1 acres County: Johnston
Nearest named stream (from USGS topo map): Swift Creek
Please provide a brief description of this project (attach site plan if available):
The Village at Cleveland Springs is a proposed planned use development of 353 single-family lots, 60
multi-family units, commercial development, and open space and recreation areas. It is located in the
Cleveland Township of Johnston County, NC.
Please attach a map of site location using USGS 1:24,000 map and county soil survey.
Location of project site - please include reference to the county, nearest name town and highway number:
The site is located in Johnston County off of SR 1010 (Cleveland School Road) approximately 0.5 miles
north of the intersection with NC 42 It is located in the "Old Drug Store" area of Johnston County.
Proposed impacts: <0.10
150
Acres of wetlands
Acres of isolated wetlands
Linear feet of streams
Linear feet of isolated streams
<1,000 Square feet of protected stream buffers
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so,
please list which ones. Salisbury (Catawba Collce), June 2004
Which other environmental permits will be needed for this project? Please list them below:
Sediment and Erosion Control Permit, Stormwater Manaacment Plan (Johnston County)
Does this project require approval under the State Environmental Policy Act or National Environmental
Policy Act? No
Does this project require approval of a Variance from the NC Environmental Management Commission"
No
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any
measures that have been taken with respect to public involvement.
No
This form must be submitted via email (c/o 401 expressnncmail.nct), fax [phone]) or hand-delivered
(Parkview Building, 2321 Crabtree Blvd., Ralcigh, NC 27604) within the first three (3) working days of the
month for the first three months of the Express Review Program (until January 1, 2004). Application
procedures after that time will be provided at a later date. Applicants who are selected to participate in the
Express Review Program will be notified via email or fax with one additional working day. Successful
applicants will then be instructed regarding detailed procedures for full application. Unsuccessful applicants
will be queried to determine if they want to be in the following month's selection process or whether they
want to follow the normal application process.
Please contact John Dorncy at 919-733-9646 if you have any questions regarding this form.
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