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Home My WebLink About20110359 Ver 2_Approval Letter_20160413f, �z k.;,� Wuter Resources ENYIRt7NMENTAL QUALITY NC Department of Transportation Attn: Pat Ivey, P.E., Division Engineer 375 Silas Creek Parkway Winston-Salem NC 27127 Village of Clemmons Attn: Larry Kirby, Manager 3715 Clemmons Rd Ciemmons NC 27103 Subject: April 13, 2016 PA"I' MCCROKY Gavetnor DONALD R. VAN DER VAAR`I' .scer��rir,�, S. JAY Z[MMERMAN Ihrcclor DWR # 11-0359 v2 Forsyth County APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Village Point Drive Extension Dear Mr. Ivey and Mr. Kirby: You have our approval for the impacts listed below for the purpose described in your application dated November 17, 2015, received by the Division of Water Resources (Division) November 30, 2015, with subsequent information on January 19, 2016 and March 1, 2016. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. This Certification replaces the Certification #11-0359 issued on September 29, 2011. This certification is associated with the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non- Discharge, and Water Supply Watershed regulations. Village Point Drive and future development of the identified 203-acre comprehensively planned area adjacent to Village Point Drive have been determined to be a single and complete project by the US Army Corps of Engineers (USACE). Impacts for any other proposed and future impacts within the identified area shall be cumulative with impacts approved pursuant to this authorization. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: A50 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-9800 \ FAX: 336-776-9797 \ Customer Service 1-877-623-6748 Internet: www.ncdenr.qov- www.ncwafer.org NCDOT Div. 9 and Village of Clemmons DWR# 11-0359 v2 401APPROVAL Page 2 of 4 1: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Stream S2 from 9/11 approval 166 (linear feet) 0(linear feet) S1(revised from 9/11 181 (linear feet) 15 (linear feet) approval) S2 256 (linear feet) 50 (linear feet) 404/401 Wetlands W1 0.03 (acres) 0 (acres) W2 0.33 (acres) 0.05 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference-as part of the Certification. If you change your project, ybu must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with ali conditions. [15A NCAC 02H .0507(d)(2)] 3. The NCDOT and the Village of Clemmons are responsible for requesting a modification of this authorization once.responsibility for operation and/or maintenance of the roadway is permanently transferred to Village of Clemmons. - 4. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(b)(6)]: Compensatory Mitigation Compensatory Mitigation Compensatory Mitigation Total Project Previously Provided Currently Required Requirement St rea m YAD02 6D3 (feet) 289 (feet) 314 (feet) 03040101 5. Upon restoration of temporary impacts to wetlands all restored areas shall be monitored quarterly for at least one year with photo documentation. The monitoring may be extended if the restoration sites have not adequately recovered. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] NCDOT Div. 9 and Village of Clemmons DWR# 11-0359 v2 401APPROVAL Page 3 of 4 6. The Village of Clemmons shall incorporate the SMP for Tract 2 and the temporary SMP for Tract 6 as previously permitted pursuant to DWR#11-0359 issued September 29, 2011 into their approved Phase II program. For all future development sites adjacent to Village Point Drive, including the existing portion permitted pursuant to DWR# 11-0359 issued September 29, 2011, you are required to provide one copy of the approved SMP for the future phase(s), including plan details on full-sized plan sheets, with proof of The Village of Clemmons's appro�al. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1651 Mail Service Center, Raleigh, NC 27699-165) before any land disturbance associated with that phase may occur. After it is approved, the SMP may not be modified without prior written authorization from the Village of Clemmons. A copy of the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 8. The Division approves the Phase II roadway SMP consisting of three vegetated swales and all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on SMP design sheets dated November 4, 2015, which are incorporated by reference and are enforceable by the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]: Stormwater facilities along the Phase 2 portion of Village Point Drive shall be the responsibility of NCDOT and shall be maintained in accordance with NDPES Permit NCS000250 issued to NCDOT by the Division until the roadway is permanently tra�nsferred to the Village of Clemmons and this authorization has been modified accordingly. b. Once Village Point Drive is permanently transferred to the Village of Clemmons the approved SMP shall be operated and maintained in accordance with NCDOT's Stormwater Best Management Practices Toolbox. c. The SMP may not be modified without prior written authorization from the Division. A copy of the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B byfiling a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 NCDOT Div. 9 and Village of Clemmons DWR# 11-0359 v2 401APPROVAL Page 4 of 4 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natura) Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter c.ompletes the review of the Division under section 401 of the Clean Water Act. Please contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.�ov if you haye any questions or concerns. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Enclosures: GC 3886 cc: Kelway Howard, Stimmel Associates, PA (via email) John Thomas, USACE Raleigh Regulatory Field Office (via email) Amy Euliss, Environmental Officer, NCDOT Div. 9(via email) Jim Mason, NCDOT PDEA (via email) . Dave Wanucha, DWR Transportation Permitting Unit (via email) Beth Harmon, Division of Mitigation Services (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file