20040021 Ver 1_COMPLETE FILE_20040107

Soil & Environmental Consultants, PA
Department of Environment and Natural Resources
Division of Water Quality WETLANDS/ 401 GROUP
Attn: Mr. John Dorney
2321 Crabtree Boulevard MAR
Suite 250 12004
Raleigh, NC 27604 y'ATER
OUALi!Y SECTION
Re: Reply to the Division of Water Quality's February 8, 2004 Request for Further
Information for the proposed Falls Landing Subdivision, Wake County, North
Carolina
Dear Mr. Dorney:
This letter is in response to the letter from your office dated February 8, 2004 (copy
attached), which requested additional information for the proposed Falls Landing
Subdivision. At our meeting on January 7, 2004, you requested additional information
regarding stream impacts. Below I have re-stated your concerns in italics and our
response. We have also provided a letter from the engineer justifying the proposed
impacts. Please note, we are not requesting 401/buffer certification at this time, only
that you provide a preliminary approval so that the City of Raleigh will approve the
PUD plan. Because we first met in early January, we would appreciate a quick
response from your office. Please call if you need additional information or
clarification. Thank you.
1. Please provide justification for the road crossing along the southern portion of
the property. In addition, why can't the existing cul-de-sac be extended so that
impacts are to an intermittent channel rather a perennial channel? (see the
attached sketch).
First, the existing cul-de-sac is part of the Falls Pointe Subdivision - these lots have
been sold and subdivided. Therefore the cul-de-sac cannot be extended.
Approximately 21 lots are clustered along the southern portion of the property in
Phase 5 of the proposed project. DWQ has questioned whether or not an additional
crossing is needed in this area. The City of Raleigh required that the road stub along
Soil & Environmental
11010 Raven Ridge Road - Raleigh, North Carolina 27614 -
www.SandEC.com
Consultants, PA
'hone: [phone] - Fax: [phone]
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
622 Coon Mountain Lane
Taylorsville-, NC 28681
Phone: [phone]
Fax: [phone]
March 1, 2004
S&EC Project # 5967.W0
DWQ# 04-0021
the southern portion of the property (in the existing Oakcroft S/D) be extended into
Falls Landing. Additionally, the City required that this phase of the project be
connected to Phases 1-4 of Falls Landing. This requirement necessitates a stream
crossing. Moreover, by allowing the residents in Phase 5 more than one access point,
emergency providers can more quickly access the property. For example, if the
additional stream crossing is not in place, the fire department would need to travel,1.4
miles, rather than 0.6 miles.
In terms of marketability, this crossing would provide the residences with a sense of
community and would provide easy access to the amenities of Falls Landing.
The applicant is willing to move the proposed crossing in order to reduce impacts.
Specifically, the crossing as proposed will impact approximately 170 linear feet of
channel. The applicant has suggested moving the crossing (see map) in order to cross
at a more perpendicular angle.
2. Why is the road stub along the northern property line needed? Specifically, will
placement of this stub predicate future impacts off-site in order to `tie' into this
stub? See attachments.
This stub is a requirement by the City of Raleigh. As per comments from the engineer,
if your office decides that this stub is not viable; John Wieland Homes can support this
decision and will follow,up with Raleigh. However, proper documentation from the
DWQ will need to be supplied for the City to consider removing this stub.
Please call if you have any questions or require further explanation.
Sincerely,
Todd Preuninger
Attachments: 1) DWQ letter dated February 8, 2004
2) l 1x17 site plan
3) Letter from Engineer
03,-.011'2004 14:46 FAX

Soil & EnVxrowryiei) t al Co sultan ts, . A
11010 Raven Ridge Road • Raleigh, North Caroiina 27614 • 1='.ioncl (919) 846-;PW • F-: x.
www-SandEC<orn
R E -11" 'V? FACSIMILE SHEET
FIX N'Q_ (919) 816-94W e - ??
DATA: Fro'ect
TO, NAME: _:??•,..
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FROM; SUBJECT:__?F'?..
The following items are being faxed. Number of pages including transrttittal 4l1cet_-_
For Your Comments /Approval _ For Your lnfc?rtn a t<: ??
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information that is privileged and eoL&deutial. If the reader of this u?essa?e if; not the tntendcd rttilli,'nt, y ju az . , . ,:i>
notified toot any disclosure, distribution or coppng of this i0orrnation is strictly prohibited. If you ha rcc (,v; i
tranSrnission in error. please notify us immediately by tclcpWwe ctu4 return the taxed ,.lor,uweu s tc:.. US AV dV W-O ,_
via the Ugited States Postal Service.
Otte lffcer C?recnehnro f H
3917-E Uyxndnie Dri` c 6 u +'.in l.arn.
236 Le1'hillip CPart. Suitc C
5
GeensLoiv. NC 217455
foncord.lC 2802$ I ?D'n , i AvL hi+I
t hi ;,- r t
Phone: (3'i6) S40-9-14
phone: [phone] E ,d
Fax: [phone]
MAR-1-2004 MOH 14: c6 TEL: [phone]'9? HPHE : D N" I - HE' _. +F 1[1,-.
OV OL/2004 14:46 FAX

Soil & Environmental Consultants, PA.
tim0 kaven Ridge Road • Raleigh, North Carolina 276t4 • Phonc. (9i9i 84t)"59n+J x4-9467
www.5alndE(_.cnrn
14IWAI 1, (Y , ).I
S&hC Project # 5}+67.141
1l)WQ# 04-002 1
Department of Environment and Natural Resources
Division of Water Quality
Attn: Mr. Jobn Dorney
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
Re: Reply to the Division of Water Quality's February 8, 2004 Request for Further
information for the proposed Falls Landing Subdivision. Wake County, North
Carolina
Dear Mr. Dorney:
This letter, is in response to the letter from your office dated ) el)ruary 8, '21004 6;OjIv
attached), which requested additional information fair the proposers falls Lauding
Subdivision- At our meeting on January 7, 2004, you requested additional inform.i,,Ao
regarding stream impacts- Below I have re-stated your concerrts In italics, aj d. oia
response. We have also provided a letter from the engi.ncer 'ustiiying tl e Dropu,', 4i
impacts. Please note, we are not requesting 401/buffer certification at this tilike, QUI
that you }provide a preliminary approval so that the City of )[Weigh will approvc the
PUD plan. Because we first met in early January, we would appreciate a q_uia-k.
response from your office. Please call if you need :additional informaticto or
clarification. Thank you.
.l_ please provide Justificatiot, for the rood erossirxg c?lc ?rg the sardthcr,r E>artifl i
the property. It, addition, why can't the existing csul-d&-sdc be extended so ";;ot
impacts are to an intermittent chunrzel rather a perenniIal chc wlel? (see
attached sketch)-
First, the existing cul-de-sac is part of the palls Pointe Subdivision _. these lute 111.I.,.0
been sold and subdivided. Therefore the cul-de-sac canuot be extended.
Approximately 21 lots are clustered along the southern potlion of the prope.E ty i t
Phase 5 of the proposed project. DWQ has questioned whether or not an ad.di.6onal
crossing is needed in this area. The City of Raleigh required that the road stab 'otllg
'reellQ nrri fJfftce
3g17-E L'awildatt Drive 62Lair:-
LePbillip Court, rl?tC? - t rat ? ?iir'rn
Co;nccorordd, , NC C 298025 U25 SusieC Grecrisboru, NC 2'115 t9tlts ;iP1 N(28681
Co
Phonc: (336) 540-82,34
Phone: (704:1720-9405 ?'a^(: 636) 5?4{l_5?t??;,- <><,? `•_ ?-.?R2(i
Fax: [phone]
MAR-1-2004 P'UOhd 14: 26 TEL: [phone] alt= ME: DWO -HE T LHhlDs f'
03'.'01/2004 11:47 FAX DWO UORNEY 4?l1iu3
the southern portion of the property (in the existing ()akcrolt S/D) be extecidr?d i t
Falls Landing, Additionally, the City required that. this phase of the project ;e.
connected to Phases 1-4 of Falls Landing. This rec:luitement necessitaLes a str;aszr
crossing. Moreover, by allowing the residents in phase 5 more than one access pryi,,a,
emergency providers can more quickly access the property. For exaraple, if thc,
1
additional stream crossing is not in place, the fire department would need to travel 1.
rniles, rather than 0.6 Holes.
In terms of marketability, this crossing would provide the residences with a wil,' :cat
community and would provide easy access to the amembQs of Falls Landing.
The applicant is wrilling to move the proposed crossing in carder- to reduce in1p; Cls
Specifically, the crossing as proposed will impact apptioaoniatety 170 1111ear fctt 5f
channel. The applicant has suggested moving the crossing (see ntap) in order to gross
imap://john.dorney%40dwq.denr.ncmail.net @cros.ncmail.net:143/fe...
Subject: Falls Landing
From: Justin Patsey <[e-mail]>
Date: Fri, 23 Jan 2004 12:10:48 -0500
To: "[e-mail]"' <[e-mail]>
Mr. Dorney, I appreciate you returning my calls. I know you have an extremely busy schedule. I know
we keep missing each other and thought I might try this avenue of communication. You had a meeting
with Kevin Martin with S&EC on 1/7/04. Todd discussed a project of mine with you on that date. My
neighborhood is called Falls Landing (located off of Falls of the Neuse Rd- Lowery property). I'm presently
requesting subdivision approval from the City of Raleigh. The city is demanding that I receive a
PRELIMINARY Approval letter or e-mail from your department stating that you looked at the stream
crossings (two) and are of the opinion they will be permitable. AGAIN, I don't need an official approval
letter but just something in writing that we're preliminarily approved with conditions that I must submit a full
application for the "official" permit. Todd is presently working on the submittal and we plan to request the
permit via your express review option within the next 45 days or so. It is my understanding Todd provided
you with information as to why we need both crossings. Please let me know if you need anything else in
order to make your decision. I'm truly sorry that I have to request a preliminary approval, however, the
City of Raleigh has my project at a complete stop until one is provided. A simple e-mail response from
you would satisfy the City's request. Again, I appreciate your consideration in this matter. Please give me
a call at 669-2084 (m) or 481-3309 (o). Thanks again- Justin Patsey
1 of 1 1/24/04 8:32 AM
DATE: 1!TT
TO: NAMC-??\^' .Y °r 1
COMPANY:
FAX NUMBER:
FRGM ,V' SUBJECT: Fo.??S t..?.,r?? •n? ?c+?" ?.1
The following items are being faxed. Number of pages including transmittal sheet: ?n
For Your Information
For Your Comments /Approval
Per Our Conversation Per Your Request
Please Advise Please Call
Would Like To Discuss Please Handle
HARD COPY SENT:
US Regular Mail Hand Delivery
Overnight No Hard Copy Sen
??n ,
REMARKS:
V
IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASI?-?
CONTACT AT [phone].
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This transmission is intended only for the use of the individual or entity to which it is addressed and may contain
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notified that any disclosure, distribution or copying of this information is strictly prohibited. If you have received this
transmission in error, please notify us immediately by telephone and return the faxed documents to us at the above address
via the United States Postal Service.
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
Project Number:'Spt6-+W
CC:
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Off ce:
622 Coon Mountain Lane
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
FACSIMILE SHEET
FAX NO. [phone]
D-. a7C?1?Yh.?w?-t.,?roVc.` ?<' t rYMS?
01/07/2004 20:15 9195592143 THOMPSON ASSOC PAGE 01
r
THOMPSON AND ASSOCIATES
153 HOLLY SPRINGS ROAD
HOLLY SPRINGS, NORTH CAROLINA 27540
(919) 577- 0808
January 7, 2004
Mr_ Todd Preuninger
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
Re: Falls Landing
Raleigh, North Carolina
e

f?
Dear Mr. Preuninger:
in regards to your fax of January 7, 2004, the following outlines the responses to each
item:
Item #1 - The extension of the road within Falls Pointe is not possible for the
following reasons;
a). This road is currently completely built with pavement and curb and
gutter,
b). The approval of Falls Pointe by the City of Raleigh required a cul-de-
sac in this area in lieu of stub.
c). Falls Pointe is in the process of being platted and recorded,
d). Even if extension of this road were done, it would be crossing a buffer
area. Also, given the existing alignment of the cul-de-sac, the crossing
would not be at a desired angle.
e). For the marketing of these subdivisions, due to amenities, it is not a
desirable through connection.
f). Placement of a cul-de-sac at the next creep crossing was not done to
achieve the desired inter-connectivity the Raleigh DOT wanted. Also,
since we had to cross this creels area with the sanitary sewer, an impact
was already occurring. Crossing of the sanitary sewer was required to get
into the existing pump station to the south
0"1/07/2004
:15
V
9198592143
THOMPSON ASSOC
PAGE 02
Item#2 - The stub road to the north was placed as per the request of the City of
Raleigh's Department of Transportation. From the owner's standpoint, we are willing
to work with. DWQ if it is deemed that this stub may present a{' problem in the
future with the road extension. After preliminary approval, we can discuss the stub
with the City based upon any comments or request of DWQ.
Lastly, we have noted your comment in regards to the calculation of the stream impacts.
The length of the impacts shown at time of formal permitting will reflect the meandering
stream lengths.
I trust that this information will answer some of your concerns. Please feel free to contact
me if you have any further questions or comments.
Sincerely,
Randall L. Milli,
Thompson and Associates, PA
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Soil Environmental Consultants, PA
11010 Rave dg oad • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
5%jwl
September 18, 2003
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Andrea Wade
2321 Crabtree Blvd 6508 Falls of the Neuse Rd., Ste. 120
Parkview Building Raleigh, NC 27615
Raleigh, NC 27604
RE: NWP 12 and Buffer Compliance
Leonard Tract - Sewer Easement
Raleigh, Wake County, North Carolina
S&EC Project #: 03-5967.W2
Dear Mr. Dorney and Ms. Wade:
On behalf of John Wieland Homes (purchaser, under contract), we hereby request
authorization from the US Army Corps of Engineers to use Nationwide Permits 12 to
cover impacts to wetlands (see attached overall map). We also request written
concurrence from the North Carolina Division of Water Quality that the project complies
with the Neuse Buffer Rules for impacts associated with proposed utility lines. A Pre-
construction Notification Application (PCN) is attached, which includes an agent
authorization form.
S&EC evaluated the site for the presence of wetlands in July 2003 and submitted a
delineation map for USACE approval in March 2003. S&EC conducted a site meeting
with Ms. Andrea Wade of the USACE and she agreed with our delineation.
The purpose of this project is to construct a residential subdivision that will meet the
demand for housing in this area. In order to provide the infrastructure for the proposed
subdivision (i.e. water and sewer), impacts to the riparian buffer cannot be avoided.
Specifically, an existing sewer line is located off-site adjacent to the Neuse River. Due to
topography (i.e. steep slopes and rock outcrops) and negotiations with the current
property owner, impacts to the buffer are unavoidable. Additional impacts are
anticipated within the proposed subdivision; however, the final alignment has not yet
been determined. Impacts to the riparian buffer include 20,173 square feet of Zone 2.
Wetland impacts consist of 270 square feet.
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
Mr. Patsey
Page 2 of 2
October 6, 2003

The outside buffer. boundaries and along the construction corridor within these boundaries approved under this
authorization shall be clearly marked with orange fabric fencing (or similar high visibility material) for the areas that
have been approved to infringe within the buffer. This fencing shall be installed prior to any land disturbing activities
to ensure.compliance with 15A NCAC 2B .0233. The protective fencing should be removed once construction is
complete.
4. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system
regulations.
5. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as
"exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ.
6. Construction Plans
Any final construction plans for this project must include or reference the application and plans approved by the
DWQ under this authorization letter and certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3374
Cc: Todd Preuninger, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
bz
DWQ # 031168
Date: October 6, 2003
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office I----- r?
Michael F. Easley, Governor
William G. (Bill) Ross, Secre,
January 16, 2001
Todd Preuninger
S & E C, Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
Subject:
Dear Mr. Preuninger:
D)r
0aa
JAN 2 3 ?001
1* 0
CDENR
NORTH CAROLINA DEPARTMENT OF
VIRONMENT AND NATURAL RESOURCES
Neuse River Basin Riparian Buffer Rules
NBRRO 1.006
Lowery Tract
S & E C Project # 00-5967
Wake County
The information that was received by the Raleigh Regional Office on January 12, 2001 has been reviewed.
The map and other information was provided to allow a determination to be made as to whether or not the
site would require compliance with the Neuse Buffer Rule. This project is referenced by the Raleigh
Regional Office as NBRRO 1.006.
The features represented on the Wake County Soil Survey and the USGS Quadrangle (topographic) maps
were evaluated to determine their subjectivity to the Neuse Buffer Rule. Nine features depicted on the maps
were reviewed. I have been determined that features C,D,E,H,M,G and O are ephemeral features and
therefore are not subject to protection under the Neuse River Basin: Nutrient Sensitive Waters Management
Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233
(NCAC 0233). Feature F, below point NRB-04, and feature L, below point NRB-09, are subject to the
Neuse Buffer Rule.
This letter only addresses the applicability of the Neuse Buffer Rules on this specific site. Thank you for
your attention to this matter and if this Office can be of any assistance or if you have additional questions,
please do not hesitate to contact us.
Sincerely,
Matt Flynn
Environmental Specialist
cc: RRO/John Dorney
C: neusbuff1.06.doc
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