HomeMy WebLinkAbout20190812 Ver 1_More Info Requested_20190802ROY COOPER
Governor
MICHAEL S. BEGAN
Secretary
LINDA CULPEPPER
Director
August 2, 2019
NORTH CAROLINA
Environmental Quality
DWR #19-0812
Wake County
Certified Mail
Return Receipt Requested
7017 2680 0000 2236 0086
Oak Park Developers, LLC
Attn: Douglas Ball
1401 Aversboro Road, Suite 206
Garner, NC 27529
Subject: REQUEST FOR ADDITIONAL INFORMATION
Oak Park Subdivision
Dear Mr. Ball:
On June 14, 2019, the Division of Water Resources (Division) received your application
requesting a 401 Water Quality Certification and Riparian Buffer Authorization from the
Division for your project. The Division has determined that your application is incomplete and
cannot be processed. The application is on -hold until the following information is received:
1. Please provide the Division a copy of your response from the U.S. Army Corps of
Engineers requesting additional information. [15A NCAC 02H .0502(c)] [15A NCAC 02H
.0502(c)]
2. The Corps of Engineers must also verify the Nationwide Permit that is to be used to
authorize this project. [15A NCAC 02H .0502(a)(7)]
3. Avoidance & Minimization for Riparian Buffer & Stream Impacts - Please provide more
details regarding avoidance and minimization of the following:
• Stream Impact S3 & Buffer Impact B3 (depicted on sheet 2) consists of a road
crossing which leads to 4 or 5 lots. It appears that the road crossing will be a
stub road. According to Wake County property search, the parcel adjacent to
this stub road is not owned by Oak Park Developers, LLC. Please provide details
why these lots cannot be reconfigured to enter from New Bethel Road and
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Oak Park Subdivision
DWR #19-0812
401 AND BUFFER APPROVAL
Page 2 of 3
eliminate Stream crossing S3 and Buffer Impact B3. [15A NCAC 02H .0506(f) and
(g)]•
• Stream Impact S1 and Buffer Impact B1 (depicted on sheet 4) consists of a road
crossing which leads to 6 lots. It appears that the road crossing will be a stub
road. According to Wake County property search, the parcel adjacent to this sub
road is not owned by Oak Park Developers, LLC [15A NCAC 02H .0506(f) and (g)].
This Office believes that the riparian buffer and stream impacts (labeled on the plans as
buffer and stream impacts 1 and 3 can be moved or reconfigured to avoid the
impacts. Please revise the plans to avoid the impacts or provide a detailed explanation
of why this plan for the activity cannot be practically accomplished, reduced or
reconfigured to avoid impacts to these impacts.
Pursuant to Title 15A NCAC 02B .0233 (8), the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information
is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package
and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending four copies
of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
Please be aware that you have no authorization under the Water Quality Certification Rules or
the Neuse Riparian Buffer Rules for this activity.
Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Assistant Supervisor, Water Quality Regional Operations Section
Oak Park Subdivision
DWR #19-0812
401 AND BUFFER APPROVAL
Page 3 of 3
cc: DWR RRO 401 file
DWR 401.& Buffer Permitting Unit file
U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Lauren Norris-Heflin via e-mail at Lauren.Norris-Heflin@timmons.com