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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 North Carolina D pw tIT ont of E(lVirovilrenlal Qu fRy DiY`:`;ii n of Ba[e uiil Rel3ie ew( C}.`flee 3600 Boo rvit Dr ive ..ale yll Not tit C a.._lma 27609 919.7ea1_4200 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