20010357 Ver 1_Stormwater Approval_20100127

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AWE
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 27, 2010
Upchurch Farms
Ms. Cecelia Williford
207 West Millbrook Road, Suite 110
Raleigh, North Carolina 27609
Subject Property: Upchurch Farms
APPROVAL OF MODIFIED STORMWATER MANAGEMENT PLAN
Dear Ms. Williford:
Dee Freeman
Secretary
Wake County
DWQ Project No. 01-0357
On May 9, 2002, the NC Division of Water Quality (DWQ) issued a 401 Water Quality Certification
(WQC) to place fill in 0.2122 acre of wetland, 289 linear feet of perennial stream and 396 linear feet of
intermittent unnamed tributaries to White Oak Creek to construct the Upchurch Farms Subdivision. On
August 7, 2002, the DWQ approved a stormwater management pond and level spreader (described on
plans dated July 2, 2002) to meet Condition 1 of the WQC.
On May 7, 2007, the DWQ issued a Notice of Violation (NOV) to the developer of the property and the
WQC applicant Triton Upchurch, LLC for WQC violations. Triton Upchurch submitted plans (dated July
13, 2007) to DWQ to address the issues in the NOV and to modify the originally approved stormwater
management plan. On December 13, Triton Upchurch, LLC submitted revised stormwater management
plans to DWQ. On January 10, 2009, the DWQ approved the revised stormwater management plan.
On August 21, 2008, the DWQ received a modified stormwater management plan submitted by D. Miller
& Associates, PA on behalf of Triton Upchurch, LLC. On August 22, 2008, the DWQ approved this
plan. On November 18, 2008, the BSC Group submitted a Wet Detention Pond Engineer's Certification
to the Town of Cary stating that the Upchurch Farms Subdivision - Tract 4 Phase 2 permitted facility had
been completed.
On August 29, 2009, DWQ staff constructed a compliance visit to the stormwater management facility.
During the site inspection, the DWQ observed that the stormwater management facility had been
constructed per the approved plan but that maintenance of the facility needed to be performed.
Significant erosion problems were observed on the embankment between the forebay and the main
treatment area of the pond. On September 2, 2009, the DWQ issued a Compliance Status letter to you as
the representative of the Upchurch Farms Homeowners Associates, Inc.
401 Oversight>Express Review Permitting Unit
1,650 Mail Service Center, Raleigh: North Carolina 27699-1650
Location 2321 Crabtree Blvd : Raleigh. North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:i:'h2oenr.state.nc.us-ncwetlandsi
One
NorthCarolina
Natumllry
An E ; a ' pporturity Affirmative Action ; !npi ;ye,
Ms. Cecilia Williford
January 27, 2010
On December 10, 2009, the DWQ received plans (dated December 9, 2009) submitted by BSC Group to
resolve the issues listed in the Compliance Status letter and to modify the original stormwater
management plan. On January 25, 2010, the DWQ received plans (dated January 25, 2010) to revise and
update the plans received on December 10, 2009. The DWQ has reviewed the submittals and hereby
gives its approval for the revised stormwater management plan received in this office on January 25,
2010. This plan satisfactorily resolves all of the issues associated with the Compliance Status letter.
All other conditions relevant to the original WQC still apply.
The structural stormwater practices as detailed in the revised stormwater management plan dated January
25, 2010 must be implemented within 90 days of your receipt of this letter. After the stormwater plan is
implemented, please fill out a Certificate of Completion (available at:
httU:, ih2o.enr.state.nc.us%ncwetlands,'documents,'CertificateofCompletion Mar2009 doc) and return it to
the 401 Oversight/Express Unit, 2321 Crabtree Boulevard, Suite 250, Raleigh, NC 27604.
After implementation, the structural stormwater practices, which include one wet detention pond and one
level spreader, as approved by this Office, and the drainage patterns depicted on the plan sheets, must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
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,
ClL
Annette Lucas, PE
401 Oversight/Express Review Permitting Unit
AML/aml
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
John Hennessy, NPS Assistance and Compliance Oversight Unit
Mike Jones, Triton Upchurch, LLC, 5660 Six Forks Road, Suite 202, Raleigh, NC 27609
File Copy
010357 UpchurchFarms(Wake)_S W_Approve_3