20050732 Ver 09_Stormwater Approval_20100127

A'L
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
January 27, 2010
Mr. Mitch Barron
Newland Communities
5850 Fayetteville Road, Suite 201
Durham, NC 27713
Subject Property: Briar Chapel - Phase 5 South
STORMWATER MANAGEMENT PLAN APPROVAL - MODIFIED
Dear Mr. Barron:
Chatham County
DWQ Project No. 05-0732v9
On January 11, 2008, the Division of Water Quality (DWQ) issued a revised 401 Water Quality
Certification to temporarily impact 339 linear feet of stream and 0.157 acre of 404 wetlands and to
permanently impact 1,666 linear feet of stream and 0.1590 acre of 404 wetlands in order to construct the
Briar Chapel Subdivision in Chatham County.
In order to meet Condition 10 of the 401 Certification for this project, a stormwater management plan for
Briar Chapel - Phase 5 South, dated June 2, 2008, was received by the DWQ on June 3, 2008. This plan
was approved on June 13, 2008. A revised stormwater management plan that depicts a wet detention
pond to serve only Section 1 of this site, dated November 28, 2008, was received by the DWQ on
November 28, 2008. A third revised stormwater management plan that modifies the drainage area of the
wet detention pond, dated January 11, 2010, was received by the DWQ on January 12, 2010. The
stormwater management plan for the Section 1 of Briar Chapel Phase 5 South has been reviewed and
satisfies the stormwater management condition of the 401 Water Quality Certification.
The DWQ will allow the temporary use of a sediment and erosion control device to control stormwater
from Section 2 of Briar Chapel Phase 5 South. The use of the sediment control device as a stormwater
BMP may occur for a period of up to 30 months after the issuance of the first Certificate of Occupancy
for a Section 2 property provided that the following two conditions are met:
¦ There is an approved Sediment and Erosion Control Plan in place.
¦ The sediment and erosion control device is properly maintained.
Thirty months after the first Certificate of Occupancy is issued for Section 2 or upon expiration of the
Sediment and Erosion Control Plan, whichever comes first, the stormwater management plan that was
approved by the DWQ on June 13, 2008 must be in place and operational. The structural stormwater
practices 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 DWQ. Stormwater easements
shall be recorded for a distance of at least ten feet on each side of all stormwater conveyances on all lots
401 Oversighb'Express Review Pennittina Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location 2321 Crabtree Blvd.. Raleigh. North Carolina 27604
Phone: [phone]', FAX [phone]
Internet: httpaih2o enr.state nc us ncwetlandsi
N? rthCarolina
)Vatumllty
An Equal v p0 hlf :'..y
Mr. Mitch Barron
January 27, 2010
containing these structures including future access for maintenance. The stormwater easements utilizing
this facility shall allow for the ability to maintain these structures, perform corrective actions as described
above and shall provide for protection of the structures from potential alterations by future property
owners.
After the stormwater plan is implemented, please fill out a Certificate of Completion (available at:
ihttp:;;/h2o.enr.state.nc.us/ncwetlands/documents'CertificateofCompletion Mai-2009 doc) and return it to
the 401 Oversight/Express Unit, 2321 Crabtree Boulevard, Suite 250, Raleigh, NC 27604.
This letter completes the review of the DWQ under Section 401 of the Clean Water Act. If you have any
questions, please contact me at 919-715-3425.
Sincerely,
C?
Annette Lucas, PE
401 Oversight/Express Review Permitting Unit
AML/aml
cc: Becky Fox, EPA
Monte Matthews, USACE, Raleigh
Lauren Witherspoon, DWQ Raleigh Regional Office
Fred Royal, Director, Chatham County Environmental Resources, Public Works Department,
P.O. Box 1550, Pittsboro, NC 27312
Allison Weakly, Chair, Chatham County Environmental Review Board, 311 Boothe Road,
Chapel Hill, NC 27517
File Copy
050732v9BriarChapel(Chatham)_S W_Approve_Mod_Revised.doc