20070218 Ver 2_Approval Letter_20071002

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 2, 2007
DWQ# 07-0218
Guilford County
Mr. Jim Grdich
BRC Whites Mill, LLC
5826 Samet Drive, Suite 1.05
high Point, NC 27?_b5
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Grdich:
BRC Whites Mill, LLC has our approval, in accordance with the attached conditions, to place permanent fill
in 77 linear feet of stream and 0.011 acres of wetland in order to construct one road crossing for the
Alexandria Park Apartments located on Whites Mill Rd in High Point in Guilford County, as described in
your application received by the Division of Water Quality (DWQ) on August 13, 2007 and. revision received
September 13, 2007. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3631, which can be viewed on our web site at
http://www.ncwaterqualit..or wetlands.html. This Certification allows you to use Nationwide Permit
Number 29 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other
applicable federal, state or local permits before you proceed with your project, including (but not limited to)
those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
Also, this approval will expire when the accompanying 404 permits expire unless otherwise specified in the
General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you maybe required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this
project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, additional compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h). For this
approval to be valid, you must follow the conditions listed in the attached certification, as well as the
additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Identifier Stream Im act len th
Pipe Unnamed tributary to Oak Hollow 77 linear feet (53 feet of pipe
Lake and 24 feet of rip ra )
Temporary Utility crossing Unnamed tributary to Oak Hollow 201inear feet
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Lake t
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North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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Mr. Jim Gdrich
October 2, 2007
DWQ # 07-0218 v2
Page 2
2. The proposed project must comply with the High Point local water supply ordinance approved by the
N.C. Environmental Management Commission (EMC) as required under the Randleman Lake Water
Supply Watershed: Protection and Maintenance of Riparian Areas (Randleman Buffer Rule) 15A NCAC
02B .0250.
3. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream
buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC
2B .0250(5)
In an effort to comply with the diffuse slow provision of the Buffer Rule (l~A NCAC 02B .0250(5)),
you have provided the DWQ with stormwater management designs dated August 1, 2007. The DWQ
believes that if implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow
as per 15A NCAC 02B .0250(5) has not been achieved, then the DWQ shall be notified and corrective
actions to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At
no time shall stormwater from the proposed development be piped directly through the buffer without
prior written authorization by DWQ.
The structural stormwater practices as approved by this Office, as well as drainage patterns, must be
maintained in perpetuity. No changes to the structural storinwater practices shall be made without
written authorization from the Division of Water Quality. Stoimwater easements shall be recorded for a
distance of at least 10 feet on each side of all stormwater treatment units and stormwater conveyances,
and on all lots containing these structures including future access for maintenance. The stormwater
easements shall allow for the ability to maintain the structures, perform corrective actions as described
above and shall provide protection of the structures from potential alternations by future property
owners.
An Operation & Maintenance (O&M) agreement signed by the current landowner must transfer with the
sale of the land or transfer of responsibility for the stormwater facilities and the DWQ must be notified
of every transfer.
4. Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
5. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and
20% of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.

Mr. Jim Gdrich
October 2, 2007
DWQ # 07-0218 v2
Page 3
e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
7. Erosion and sediment control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of erosion and sediment control measures in wetlands or waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the project is completed or, if
applicable, within six months of the date- that the project is released by the North Carolina Division of Land
Resources.
8. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint
of the inlpa~~is depicted yin the I'rr~-Constructi,m Noti(icatio~i. All construction acti•~itics, inciuding the design,
installation, operation, and maintenance. of sediment and erosion control "Best Management Practices" shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
9. Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources
(DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater
permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more
acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record
keeping and reportinfT requirements are required. A copy of this permit and monitoring report forms may be
found at htt~://h2o.erlr.stc~te.nc.us/su/hor-~ns Documef~ts.htrn.
10. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high
water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in
the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap
required for scour protection. The elevation of the stream bottom must not be increased by the placement of
riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream
of any crossing.
11. All construction activities associated with this project shall minimize built-upon surface area, direct stormwater
runoff away from surface waters, and incorporate best management practices to minimize water quality impacts.
If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has
cured. If any stormwater must be collected for discharge into a stream channel, it shall not enter the stream as a
point source, but shall be slowed and discharged as sheet flow prior to entering the riparian buffer on either side
of the stream.
12. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to
notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be
returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

Mr. Jim Gdrich
October 2, 2007
DWQ # 07-0218 v2
Page 4
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Sue Homev`~ood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
[e-mail].
Sincerely,
~ o~
C/'~~~
/ Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Charles Johnston, Environmental Services Inc, 3661 Alamance Rd, Burlington, NC 27215
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401

Y
Mr. Jim Gdrich
October 2, 2007
DWQ # 07-0218 v2
Page 5
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of V~'ater Quality, 1621 M<:il Service Center, R~ileigl~, NC, ~7G99--1621. This form Wray be returned to D~~Y'Q by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
~plicant's Certi acation
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: _ Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Engineer's Certi acation
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date