20040544 Ver 3_More Info Received_20090918

WITHERS RAVENEL
ENGINEERS I PLANNERS 1 SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]
TO: NCDWQ
2321 Crabtree Blvd.
Raleigh, NC 27604
WE ARE SENDING YOU
? Shop Drawings
? Copy of Letter
® Attached via
® Prints
? Change order
? Plans
? Diskette
_ the following items:
? Samples ? Specifications
COPIES DATE NO. DESCRIPTION
1 Response to Additional Information Request
1 Mitigation Credit Reservation Confirmation Letter
1 Soil Survey

THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted
? For your use ? Approved as noted
® As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
WEn MD AND STOPSWATER BRANCH
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? Resubmit
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corrected prints
LETTER OF TRANSMITTAL
DATE 9.18. 09 JOB NO. 2080866.01
ATTENTION C ndi Karol
PHONE #
RE:
River Run Subdivision, Phases 4 & 5

V

SIGNED: Jim Canfield, PE
If enclosures are not as noted, kindly notify us at once.
WITH ERS ' RAVEN EL
ENGINEERS I PLANNERS 1 SURVEYORS
September 18, 2009
Ms. Cyndi Karoly
NC-Division of Water Quality
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
RE: Request for Additional information - River Run - Phases 4 and 5
W&R Project #: 2080688.01
DWQ Project #: 04-0544, Ver. 3
Dear Ms. Karoly,
We received your request for additional information regarding phases 4 and 5 of River Run Subdivision.
I have included a brief response to your request below. Your letter asks for the following information:
1) Please provide a mitigation plan.
The applicant proposes payment to the Forrest Creek Mitigation Bank. A copy of the
Mitigation Credit Reservation Confirmation Letter is attached.
2) Please locate your project boundaries on the most recent Wake County Soil Survey.
The soil survey map is included with the attachments.
3) Please provide one set of stormwater plan details and calculations stamped as approved by
the local government.
A set of stormwater calculations was submitted in the original permit application, dated
3/17/09 and the plans have preliminary approval from the City of Raleigh, however,
construction drawings are not complete. We are requesting that DWQ issue a
conditional permit, and the approved stormwater plans will be submitted under separate
cover.
4) Please provide the need for a 20-foot wide pedestrian access thru the buffer, as this seems
excessive.
The pedestrian trail is actually 10' wide to meet the City of Raleigh minimum standard. A
20' easement is needed for construction of the trail and subsequent maintenance of fill
slopes.
iii MacKenan Drive 1 Cary, NC 275111 tel:[phone] fax:[phone] I www.withersravenel.com
1410 Commonwealth Drive I Suite 1o1 1 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
06 D Gallimore Dairy Road 1 Greensboro, NC 27409 1 tel: [phone]
5) The bridge footprint is clearly in Zone 1. Please explain why no Zone 1 buffer impacts are
listed for the bridge.
Buffer impacts are only proposed in Zone 2 of the buffer for the bridge approach where
grading occurs. Once we reach Zone 1, the bridge is aerial, and there will not be any
impacts to Zone 1. This was discussed in previous applications and determined to be
acceptable since the clearance from existing ground exceeds 8' in most areas and does
not affect vegetation growth.
6) Impact Y is listed as 221 linear feet of intermittent stream. Please explain why no buffer
impacts are shown with this stream impact.
The correct buffer origin point is depicted on the impact map and is based on a site
meeting conducted with the NC-DWQ. The intermittent stream was considered
jurisdictional by the USACE, but not buffered by DWQ, therefore, no buffer impacts are
included with the proposed impact.
7) Please justify the length of impact Q, as the impact is shown extending a significant
distance downstream of the road crossing.
The proposed impact was minimized to the maximum extent possible. Specifically, the
fill slopes were steepened to 2:1 downstream of the road crossing and the stormwater
was piped to a BMP sand filter in lieu of having a discharge point with rip rap pad.
Original designs did not include the cul-de-sac and tied Phase 4 and Phase 5 together via
another crossing of the riparian buffer separating these phases. The site was redesigned
to eliminate this crossing and minimize impacts.
We hope that this information will allow you to complete your review of this project. Please feel
free to call if you have questions or require additional information.
Sincerely,
WITHERS RAVENEL, INC.
L,e
Todd Preuninger
Senior Biologist
Attachments:
1) Mitigation Transfer Agreement
2) Wake County Soil Survey
WITHERS c`am' RAVENEL Page 2 of 2
ENGINEERS I RLANNERSI SURVEYORS
Mitigation Credit Reservation Confirmation Letter
Statement of Availability
September 17th, 2009
NC Division of Water Quality U.S. Army Corps of Engineers
401 Oversight/Express Permitting Unit CESAW-RG-R
1650 Mail Service Center Raleigh Regulatory Field Office
Raleigh, NC 27699-1650 3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: River Run Subdivision
USACE Action ID 2009-01115
STIP No. 04-0544 Ver. (3)
This document confirms that John Wieland Homes and Nelehborhoods of NC has entered into
an agreement to reserve and contractually commit to the purchase of 98 Stream Mitigation
Credits/Units from the Forrest Creek Mitigation Bank under a separate agreement.
The Forrest Creek Mitigation Bank attests to the fact that 98 Stream Mitigation Credits/Units
are available for immediate transfer from its Official Bank Credit Ledger at the time of this
document and as of this date places 98 credits/units into "no-sale"- reservation status under
the name of the project on this document.
98 credits units will remain in reservation status until payment in full is received, according to a
separate agreement from the applicant resulting in the issuance of a Transfer Certificate by the
bank acknowledging that the applicant has fully secured credits from the bank and the banker
has accepted full responsibility for the mitigation obligation requiring the credits/units.
The Banker will issue the Transfer Certificate within ten (10) days of receipt of the balance of
the Purchase Price. Banker shall provide to Applicant the Transfer Certificate debiting credits
from the Bank Official Credit Ledger showing the permit number and the resource type secured
by the applicant, and will send an a copy of the Transfer Certificate with an updated Official
Credit Ledger to regulatory agencies showing the proper documentation.
If any questions need to be answered, please contact me at 704-782-4133 or 239-872-1678
kd
. Fisher
Regional V.P. Director of Business Development
EarthMark Mitigation Services, LLC
1960 Derita Road
Concord, NC 28027
As outlined in the Federal Rules and Regulations:
• 332.8 Section ( R ) Use of Credits: the district engineer will determine the number and
type of credits required to compensate for the authorized impacts, the sponsor must
provide the permit applicant with at statement of credit availability.
• Section (1)(3)lf use of a mitigation bank or in-lieu fee program is approved by the district
engineer to provide part or all of the required mitigation for a DA permit, the Permittee
retains the responsibility for providing the compensatory mitigation until the
appropriate number and resource type of credits have been secured from the sponsor
and the district engineer has received documentation that confirms that the sponsor
has accepted the responsibility for providing the required compensatory mitigation. This
documentation must consist of a letter or form signed by the sponsor, with the permit
number and a statement indicating the number and resource type of credits that have
been secured from the sponsor. (this is the Transfer Certificate)
332.3: (K) Permit Conditions: the compensatory mitigation requirements for a DA
permit, including the amount and type of compensatory mitigation must be clearly
stated in the special conditions of the individual permit or general permit verification.
The special conditions must be enforceable.
Terms at which the banker sponsor will accept responsibility of the mitigation Is outlined in a separate document
between the banker and the applicant. As terms of that agreement, applicant must pay in full to banker, total
amount due prior too, or Immedlately following within 10 business days, Issuance of the final permit required,
either 401 or 404 whichever comes latter. That applicant is out of terms with the banker and the banker has
every right to retain the deposit and release the credits to open sale in case of default. The ultimate risk to the
applicant Is failure to comply with these terms results In the applicants permit becoming default under purchase
contract, if not resolved with 30 days of the permit Issuance, the banker will have no other choice but to Issue
revoke of reservation and the applicant will be out of compliance with their permit. New Federal Rules outline
when use of mitigation credits Is approved by the district engineer the applicants must show that they have
"Secured" Mitigation Credits from an approved mitigation bank as part of their permit conditions. Securing
Mitigation Credits also outlines the ability to provide a document that the mitigation banker has fully accepted
the responsibility of the mitigation. A banker Is not able to provide that document until they are fully
compensated for the credits. This is achieved by the banker providing a Transfer Certificate document which
states the credits have been paid for in full, the banker has debited the credits fully from the banks credit ledger,
and the banker is solely to looked at for mitigation compliance for the applicants approved mitigation through
the usage of mitigation credits.
WAKE COUNTY, NORTH CAROLINA
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