20090735 Ver 1_More Info Letter_20090819

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 19, 2009
Mr. Ellis Coleman
EYC Investments, LLC
8601 Six Forks Road, Suite 250
Raleigh, NC 27615
Subject Property: Corbinton Commons
Ut to Eno River [030401, 27-2-(7), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Coleman:
DWQ Project # 09-0735
Orange County
On June 29, 2009, the Division of Water Quality (DWQ) received your application dated June 16, 2009, to fill or
otherwise impact 0.102 acres of 404/wetlands, 86 linear feet of perennial stream, 6,956 square feet of Zone 1
Neuse River protected riparian buffers, and 8,735 square feet of Zone 2 Neuse River protected riparian buffers to
construct the proposed assisted living/residential development at the site. On August 4, 2009, the DWQ received
additional information from you, however, the DWQ has determined that your application remains 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 five copies of 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:
It has come to our attention based on receipt of the Notice of Violation (NOV) correspondence sent from
the DWQ-Raleigh Regional Office (dated August 13, 2009) that your submitted PCN application may not
have included all previously conducted and proposed temporary and permanent impacts to wetlands,
streams and buffers, as well as other possible discrepancies. Therefore, to reiterate the concerns of the
DWQ- Raleigh Regional Office, please address the following:
When required by DWQ RRO to provide a description and quantification of all the impacts to
jurisdictional features, you only provided the permanent impacts you wished to permit. However,
this is not an accurate measure of all the impacts to jurisdictional features (buffer, wetland, and
stream) on the site. Please quantify all the impacts (whether intended to be temporary or
permanent) on the site. This must include the numerical impacts for the road widening, the
impacts for the road crossing (both temporary and permanent), and the impacts for the greenway
crossing (buffer impact).
2. You indicate that the road crossing will consist of two spanned structures; one over the wetland
that has already been impacted by earthen fill and one over the stream that has already been piped.
However, you did not provide the DWQ RRO required stream and restoration plan for the impacts
where the spanned structures will be placed.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state,nc.us/ncwetiands/
NorthCarolina
1aturalli
An Equal Opportunity 1 Affirmative Action Employer
EYC Investments, LLC
Page 2 of 4
August 19, 2009
If you receive authorization from the 401 Wetlands Unit to span the stream and wetland then you
will be required to provide a restoration plan to the DWQ RRO for the wetland and stream that
has been impacted. The stream restoration must explain how you plan to restore the pattern,
profile and dimension of the impacted stream channels. The streambed must be restored to the
original profile in its original location and the stream banks must be stabilized. The wetland
restoration plan must detail how the earthen fill material placed in the wetland (including all side
casting) will be removed. Satisfactory wetland restoration requires the replanting of at least 2
native hardwood wetland species and the maintenance of a stem density/survivorship of at least
320 trees per acre at the end of 3 years. Also, this plan will require an herbaceous wetland seed
mix for all wetlands that are disturbed. You will be required to submit this plan within 15 days of
the date of a 401 approval.
The 401 application did not represent the conditions on the site. The following inaccurate
information must be addressed:
a. Please explain why the application package refers to the impacts as proposed when the road
widening is constructed, the greenway trail has been constructed within the buffer, the
isolated wetlands have been filled, the wetlands have been filled for the sewer pump station,
and the wetland and stream has been impacted at the road crossing beyond what was
permitted in the 2002 NWP.
b. The PCN form must include temporary impacts for wetland, stream and buffer impacts (Page
5 of 13 and Page 7 of 13).
c. Please explain how avoidance and minimization of stream and wetland impacts will be met
using a span structure since the stream and wetland have already been impacted in these
locations. Please explain why this information was not provided to the 401 Wetlands Unit in
this application. (Page 4 of PCN Cover Letter)
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn and you
will need to reapply with a new application and a new fee.
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 Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely, <Cyndi Karoly, Supervisor
0 1 Oversight/Express Review Permitting Unit
CBKIUm
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Kevin Yates, EcoEngineering, A Division of The John R. McAdams Company, 2905 Meridan
Parkway, Durham, NC 27713
Filename: 090735CorbintonCom mons(Orange)On_Hold2
G'q- 0735
Mcmillan, Ian C�ra►,ci�
From: Yates, Kevin [[e-mail]]
Sent: Wednesday, October 28, 2009 2:33 PM
To: [e-mail]; Mcmillan, Ian; Witherspoon, Lauren
Cc: Davis, Carlton; Moore, Jon
Subject: RE: Corbinton Commons - NOV / Site Visit 10-28-09
Attachments: 20091028132526.pdf
(p
Thanks to everyone for meeting yesterday. The following is a summary of our on-site meeting yesterday, October 27,
2009, at Corbinton Commons, in Hillsborough.
NOV (Areas of Disturbance — Center of Site) / (Some of which is addressed in the original DWQ NOV)
1) The western (smaller tributary) was filled in and will be restored as close as possible to its original dimension,
pattern, and profile; and reconnect to its original inlet and outlet. Due to the nature of this stream section, being a
shallow, low energy system, it is likely that most of the restoration can be done utilizing hand equipment and
manual labor.
2) There is still about 4-6" of fill (red clay) within the wetland areas (-- +15' north of proposed roadway), outside of
the proposed roadway which needs to be removed to the original soil horizon of the wetland complex, stabilized,
and re -planted.
3) There is also stream buffer clearing (see attached map), which has not been permitted outside of the proposed
roadway that will be re -planted once the 404/401 issues are resolved.
4) There is a 40' RCP placed within the buffered stream channel that was placed by the contractor to access both
sides of the property, without going onto Hwy 70, which was not permitted and is still in place. This stream
channel would need to be restored/stabilized using natural channel design as well, if the bottomless arch culvert
were to be permitted.
5) Andy Williams is also issuing a Corps NOV for these impacts outside of the proposed impacts and permit non-
compliance.
404/401 Permit Issues
1) Andy explained that since the roadway impacts (wetland impacts and bottomless arch culvert impacts) had not
taken place and the 404 permit had expired as of March 2007/2008 that it would likely require a new permit
application and review of these impacts. Andy is confirming with Jean Manuele, Raleigh Corps FO Chief.
2) Andy is also checking with Jean Manuele on possible mitigation requirements applied to the utilization of
bottomless arch culverts.
3) Ian McMillan explained that the DWQ 401 unit is hesitant to issue a permit due to the proposed bottomless arch
culverts being designed from questionable engineering practices, and pending liability concerns for the in-house
DWQ engineering staff if approved. Specifically, the geotechnical analysis used hand augers to test for depth of
bedrock, rather than a traditional drill rig (using blow counts). Ian would re-evaluate the use of bottomless arch
culverts in this location if the applicant could re-evaluate the depth of bedrock with a traditional drill rig and testing
standards and the depth of bedrock is between 3 and 5 feet.
4) Andy and Jean's decision of permit options will dictate direction of project permitting and remediation from this
point.
Please edit or fill in blanks where applicable.
Thanks,
Kevin
From: Yates, Kevin
Sent: Wednesday, September 30, 2009 12:06 PM
To: [e-mail]
Cc: Mcmillan, Ian; Witherspoon, Lauren
Subject: Corbinton Commons - Hillsborough - NOV
Andy,

I want to see if you could make it to a field visit with myself, Ian, and Lauren to discuss the stream/wetland impacts, NOV
(attached), and bottomless arch culverts associated with the Corbinton Commons project in Hillsborough. It was
previously permitted under a NWP 39 (attached), however we failed to secure a 401 permit, and there is currently a
violation at the site. We would like to get your input on resolution of the violation, stream calls, and impacts associated
with the road which bisects the wetland (see attached). Please let me know some dates/times and I will coordinate with
Ian and Lauren.
Thanks,
Kevin
Kevin Yates
Senior Environmental Scientist
Office: 919-287-4262
Cell: 919-624-6901
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A div a pion of"I it John R. McAdams Ckmnpan�, Ing,
P.O. Box 14005, Research Triangle Park, NC 27709
Design Seri ices Focused On Client Success
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