HomeMy WebLinkAbout20061862 Ver 1_Approval Letter_20070223O~O~ WAT ~9pG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 23, 2007
Mr. Todd Schneider
Archdale Partners, LLC
4401 North Patterson Avenue
Winston-Salem, NC 27115
Re: Shoppes At Bush Hill, Guilford/Randolph County
DWQ #20061862; USACE Action ID. No. SAW-2006-20747-241
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Schneider:
Attached hereto is a copy of Certification No. 3618 issued to Mr. Todd Schneider and Archdale
Partners, LLC, dated February 23, 2007. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
S' c rel ,
Alan W. Klimek, P.E.
AWK/cbk/ijm
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE
Daryl Lamb, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
Beth Reed, Kimley-Horn and Associates, Inc., P.O. Box 33068, Raleigh, NC 27636-3068
Filename: 061862ShoppesAtBushHill(Guilford_Randolph)401_1C
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931Intemet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
tura!!y
Mr. Todd Schneider and Archdale Partners, LLC
Page 2 of 6
February 23, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Todd Schneider and Archdale
Partners, LLC, to fill or otherwise permanently impact 1.58 acres of 404/wetland, 125 linear feet
of perennial stream, 1801inear feet of intermittent stream, and 0.54 acres of open water pond, and
temporarily fill or otherwise impact 0.01 acres of 404/wetland, 21 linear feet of perennial stream
channel and 1.93 acres of open water pond, and 15,829 square feet Zone 1 of the Randleman Lake
watershed riparian buffers and 13,549 square feet of the Randleman Lake watershed riparian
buffers, to construct the proposed Shoppes At Bush Hill mixed use development, which is located
within the southeast quadrant of the intersection of US Interstate 85 and NC Highway 62 in
Archdale, Guilford and Randolph Counties, North Carolina, pursuant to an application dated
December 1, 2006 and received by the DWQ'on December 1, 2006, and by Public Notice by the
U.S. Army Corps of Engineers issued on the 15t" day of December of 2006 (received by DWQ on
December 14, 2006). This Certification shall also act as your approved No Practical Alternatives
determination for impacts to the protected riparian buffers per 15A NCAC 2B .0250(2).
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. 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 of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount A roved (Units Plan Location or Reference
404/Wetland 1.58 (acres) A lication and Public Notice
Mr. Todd Schneider and Archdale Partners, LLC
Page 3 of 6
February 23, 2007
404/Wetland 0.01 (acres) tem ora im act A lication and Public Notice
Stream - erennial 125 (linear feet) A lication and Public Notice
Stream - erennial 21 (linear feet) tem ora impact A lication and Public Notice
Stream -Intermittent 180 (linear feet) A lication and Public Notice
Zone 1 Buffers 15,829(s uare feet) A lication and Public Notice
Zone 2 Buffers 13,549(square feet) Application and Public Notice
O en Water Pond 0.54 (acres) A lication and Public Notice
Open Water Pond 1.93 (acres) temporary impact Application and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404/401 Permit Application. All
construction activities, including 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the
construction corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer, wetland or water prior to any
land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404;
Continuing Compliance:
6. Mr. Todd Schneider and Archdale Partners, LLC shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements
Mr. Todd Schneider and Archdale Partners, LLC
Page 4 of 6
February 23, 2007
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. If the Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Todd Schneider and Archdale Partners, LLC,
and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Todd
Schneider and Archdale Partners, LLC in writing, shall be provided to the United States
Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Miti ation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if
you have any questions concerning payment into a restoration fund. You have one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund
to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin Number
404/Wetland 1.58 (acres) Ca e Fear/03030003
8. Construction Stormwater Permit NCGO10000
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 reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm.;
Mr. Todd Schneider and Archdale Partners, LLC
Page 5 of 6
February 23, 2007
9. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and
Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60
days of the issuance of the 401 Water Quality Certification. The stormwater management
plans shall be approved in writing by this Office before the impacts specified in this
Certification occur per Condition No. in GC No. 3402. You have the option of using the
Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. Site-
specific stormwater management shall be designed to remove 85% TSS according to the
latest version of DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well
as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the
NCDENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when asite-specific stormwater management plan is
required.
Alternative designs may be requested by the applicant and will be reviewed on a case-
by-case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur. The facilities
must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality.
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented before any permanent building or other structure is occupied at the
subject site.
The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of
Water Quality.
10. 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 the attached certificate of completion to the 401 Oversight/Express Review
Mr. Todd Schneider and Archdale Partners, LLC
Page 6 of 6
February 23, 2007
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Winston-Salem, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you
have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 23th day of Fe ary 2007
DIV N F QUALITY
Alan W. Klimek, P.E.
3618
AWK/cbk/ijm
O~O~ W A T ~9pG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Todd Schneider and Archdale Partners, LLC, to fill or otherwise
permanently impact 1.58 acres of 404/wetland, 125 linear feet of perennial stream, 180 linear feet of intermittent
stream, and 0.54 acres of open water pond, and temporarily fill or otherwise impact 0.01 acres of 404/wetland, 21
linear feet of perennial stream channel and 1.93 acres of open water pond, and 15,829 square feet Zone 1 of the
Randleman Lake watershed riparian buffers and 13,549 square feet of the Randleman Lake watershed riparian
buffers, to construct the proposed Shoppes At Bush Hill mixed use development, which is located within the
southeast quadrant of the intersection of US Interstate 85 and NC Highway 62 in Archdale, Guilford and Randolph
Counties, North Carolina. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT
THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20061862
LOCATION: Archdale
COUNTY Guilford/Randolph
BASIN/ SUB BASIN Cape Fear/03030003
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
1.58 Acres of 404/Wetland 1.58 Acres of 404/Wetland
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
(919)733-5205
Filename: 061862ShoppesAtBushHill(Guilford_Randolph)<101_IC_EEP
N ~e Carolina
401 Oversight/Express Review Permitting Unit ~tllCll~r/!~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone (919) 733-1786 / Fax (919) 733-6893
Internet: http://www.ncwaterquality.org