HomeMy WebLinkAbout20110359 Ver 2_Approval Letter_20160413f,
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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