20020243 Ver 1_Mitigation Information_20090930

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IA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
September 30, 2009
DWQ Project # 2002-0243 (Phase II)
and 2002-0029 (Phase I)
Wake County
Kelly Williams
In-Lieu Fee Program Coordinator
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC, 27699-1652
Subject Property: Rowland Business Park, Phase II
Pending request from property owner for refund from EEP
Dear Ms. Williams:
Reference is made to the Ecosystem Enhancement Program's Refund Policy dated September 21, 2009,
as it relates to the subject property. On June 14, 2002, the Division of Water Quality (DWQ) issued a 401
Water Quality Certification to Mr. Bill Rowland to construct Phase II of the Rowland Business Park.
This Certification was conditioned upon mitigation for stream and buffer impacts in the form of payment
to the EEP. Mr. Rowland made two payments in the amount of $35,163.64 and $93,732.80, as
documented in the attached receipts from EEP dated November 25, 2002 and July 5, 2007. Subsequently,
Mr. Rowland proceeded with construction of Phases I, III and IV. Mr. Rowland subsequently passed
away, and his widow Mrs. Sylvia Rowland inherited the property. The Certification expired on
November 15, 2004, therefore, there is no active 401 Certification to allow construction of Phase II.
Through her consultant, Mr. Kevin Martin of Soil and Environmental Consultants, PA, Mrs. Rowland has
advised us that she has no desire to pursue permitting or construction of Phase II. Upon review of the file
materials, Mr. Martin and I have concluded that a refund to Mrs. Rowland is appropriate for the
mitigation payments associated with Phase II. The breakdown for the file record is as follows:
Impacts approved, Phases I, III and W 58 linear feet intermittent streams
Mitigation requirement for approved, constructed impacts none for Phases I, III and W
Approved impacts constructed 58 linear feet intermittent streams
Approved impacts never constructed, Phase 11 303 linear feet perennial streams,
51 linear feet intermittent streams and
29,573 ft2 Neuse Buffers
Mitigation refund due, using EEP receipts $128,896.44
The purpose of this correspondence is to provide DWQ's confirmation of the facts regarding this case.
On September 25, 2009, I inspected the stream crossing location associated with Phase II, and noted that
the permitted stream crossing impacts were never constructed. You will be receiving a formal request for
a refund from Mrs. Rowland through Mr. Martin under separate cover.
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://h 2o.enr.state.nc.us/ncwetlands/
North Carolina
Aaturallt?
An Equal Opportunity 1 Affirmative Action Employer
Rowland Business Park
Page 2 of 2
September 30, 2009
Thank you for your attention to this matter. Please call me at [phone] or Ms. Cyndi Karoly at
[phone] if you have any questions.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/cbk
Enclosures: EEP Receipt
Cc DWQ Raleigh Regional Office
File Copy
Kevin Martin, S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614
Filename: 20020243 Rowland(W ake)EEP_Refund
North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Mr. Bill Rowland
- Rowland Business Park
2730 Rowland Road, Suite 106
Raleigh, North Carolina 27615
Re: Project: Rowland Business Park
DWQ #: 020243
County: Wake
NCDENR
RECEIPT
November 25, 2002
The North Carolina Wetlands Restoration Program (NCWRP) has received a check in the
amount 0'f$15 ,161.64 check: number 1069,;p payment for the compensatory mitigation requirements
of the 401 Water Quality Certification/Section 404 permit issued for the subject project. This receipt
serves as notification that the compensatory mitigation requirements for this project have been
satisfied. Please note that you must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this activity.
The NCWRP, by acceptance of this payment, acknowledges that the NCWRP is responsible for
the compensatory mitigation requirements associated with the subject permit and agrees to provide the
compensatory mitigation as specified in the permit. The NCWRP will restore 14884 square feet of
riparian buffer a94,167 lineatfeet of stream in Cataloging Unit 03020201 of the Neuse River Basin.
If you have any questions or need additional information, please contact Valerie Mitchener at
[phone].
Sincerely,
960
cc: Cyndi Karoly, ,
Amanda Jones,
Steve Mitchell,
file
Wetlands/401 Unit
USACOE - Raleigh
RRO
Ronald E. Ferrell,
Program Manager
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]
^r
LNNf N1 1b F-M WUWLANDLF I NATURALPOWER 91987687455
o?tem
lROORAM
RECEIPT
July 5, 2007
Sylvia Rowland
Rowland Business Park
2820 Rowland Road
Raleigh, NC 27615
Project: Rowland Business Park
County: Woke
DWQ#: 2002.0243
COE#: 200221185
EEP #: ILF-2003.1695, ILF-2009.3745, ILF•IrME-2005-695
Amount Paid: 93,732.80
Check Number: 1403
P.02

The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above a$ payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/LAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified. below have been satisfied. You must also comply with.all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Stream Credits Wetland Credits Huffer I & II
CU (linear foot) (acres)
(Sq. Ft.)
Cold Cool Warm Rip scion Non Ri orlon Coastal Marsh
Neuse 0 0 167 0 0 0 57,280
MAIM M
Please note that a payment made to the Ecosystem Enhancement Program is nM reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded, If you have any questions or
need additional information, please contact Kelly Williams at [phone],
cc, Cyndi Karoly, NCDWQ Wetlands/401 Unit
Thelma Hemmingway, USACE Wilmington
File
Sincerely,
Z"" L
William D. Gilmore, P$
Director
Rto?u-t9... ,.. p>?ot?ctt our State. Holm
North Carolina Ecosystem Enhancement Program, 1862 Mall Sarvlce Center, Raleigh, NC 27689.1662 / 919-716.0478 / www.ncaep.net