HomeMy WebLinkAbout20110359 Ver 4_Approval Letter_20170804August 4, 2017
Village of Clemmons
Attn: Larry Kirby, Manager
3715 Clemmons Rd
Clemmons NC 27103
ROY COOPER.
Goverwr
MICHAEL S. REGAN
Secretaq
S. JAY ZIMMERMAN
Director
DWR # 11-0359 v3
Forsyth County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Village Point Drive Extension modification
Dear Mr. Kirby:
You have our approval for the impacts listed below forthe purpose described in your original 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, with the request for ownership change
dated August 1, 2016 and a request for permit modification dated July 13, 2017. These impacts are
covered by the attached Water Quality General Certification Number 4088 and the conditions listed below.
This Certification replaces the Certification #11-03590 issued on August 30, 2016. 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:
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797
Village Point Drive
DWR# 20110359 v4
401 APPROVAL
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)
Permanent
Amount Approved (units)
Temporary
Stream
Total Project
S2 from 9/11 approval
166 (linear feet)
0 (linear feet)
S1 (revised from 9/11
approval)
181 (linear feet)
15 (linear feet)
S2
256 (linear feet)
50 (linear feet)
404/401 Wetlands
YAD02
603 (feet)
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, you 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 all conditions. [15A NCAC 02H .0507(d)(2)]
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)]:
4. 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)]
Compensatory Mitigation
Compensatory Mitigation
Compensatory Mitigation
Total Project
Previously Provided
Currently Required
Requirement
Stream
YAD02
603 (feet)
289 (feet)
314 (feet)
03040101
4. 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)]
Village Point Drive
DWR# 20110359 v4
401 APPROVAL
Page 3 of -4
5. This authorization exempts the Permittee from meeting Condition II. 11 in the attached general
certification for the purposes of culvert burial for the 66 -inch diameter culvert. This inlet of this
culvert is connected to a closed storm drainage system therefore culvert burial is unnecessary,
however the culvert shall be installed at grade to prevent downstream erosion.
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 approval. The approved SMP shall be submitted to the
DWR 401 & Buffer Permitting Unit (1651 Mail Service Center, Raleigh, NC 27699-1650) 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)]:
The approved SMP shall be operated and maintained in accordance with NCDOT's
Stormwater Best Management Practices Toolbox.
b. 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 by filing 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:Hwww.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 8:00am and 5:00pm, 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
Village Point Drive
DWR# 20110359 v4
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 DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes 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.Rov if you have 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 4088
cc: Kelway Howard, Stimmel (via email)
Jean Gibby, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file