20110359 Ver 1_Approval Letter_20110929

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Nick Eller
Novant Health Inc.
1980 S. Hawthorne St.
Winston Salem, NC 27114
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Eller:
September 29, 2011
DWQ# 11-0359
Forsyth County
You have our approval, in accordance with the attached conditions, to place fill and impact 289 linear feet of
streams and 0.0404 acres of wetlands to construct Village Point Drive located in at the Novant Health
Development Complex, in Winston-Salem NC in Forsyth County, as described in your application received
by the Division on April 13, 2011 and additional information received June 3, 2011, August 26, 2011 and
September 13, 2011. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Numbers 3820, which can be viewed on our web site at
http://h2o.enr.state.ne.us/ncwetlands/rd wetlands _certifications.htm. This Certification allows you to use
Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you
should secure any other applicable federal, state or local permits before you proceed with your project,
including (but not limited to) those required by Sediment and Erosion Control (including trout buffer waivers
as necessary), Non-Discharge, State Stormwater, and Water Supply Watershed regulations. Also, this
approval will expire when the accompanying 404 permits expire unless otherwise specified in the General
Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. 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. If total wetland fill for this
project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this
approval to be valid, you must follow the conditions listed in the attached certification, as well as the
additional conditions listed below:
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
vVaturall#
Village Point Drive
DWQ# 11-0359
September 29, 2011
Page 2
1. The following impacts are hereby approved as long as all other specific and general conditions of
this Certification are met. No other impacts, including incidental impacts, are approved:
Stream site Stream Impact length
S I UT 1 to Johnson Creek 123 linear feet permanent impact
S12 UT2 to Johnson Creek 166 linear feet permanent impact
Total 289 linear feet permanent impact
Wetland sites Type of Impact Amount Approved
W1 Fill 0.0193 acres permanent fill
W2 Fill 0.0211 acres permanent fill
Total 0.0404 acres permanent impact
2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you
intend to purchase credits from the American Wetlands Fisher River and Deep Creek Mitigation Banks in Surry
and Yadkin Counties as described in your application to meet this mitigation requirement. This contribution has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the American
Wetlands Mitigation Bank receives and clears your check, 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 into the Fisher River and Deep Creek Mitigation Bank sto meet the
following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 289 (feet) YAD02 (03-07-02)
The final, written stormwater management plan for Tract 2 approved by the Village of Clemmons, shall be
constructed and operational before any permanent building is occupied at the subject site. The structural
stormwater practices as approved by the Village of Clemmons 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
Village of Clemmons and a copy of the stormwater plan modifications shall be sent to the Wetlands, Buffers,
Stormwater, Compliance and Permitting Unit (WeBSCaPe), NCDENR/Division of Water Quality - Wetlands and
Stormwater Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650.
4. The temporary stormwater management plans for Tract 6 received by the NC Division of Water Quality on
September 13, 2011 must be implemented from the present time until a permanent best management practice
(BMP) is constructed and operational to treat the stormwater associated with this tract. The approved temporary
stormwater BMP devices consist of one sediment basin. The structural stormwater practices as approved by this
Office as well as the 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.
Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater
conveyances, and on all lots containing these structures including future access for maintenance. The stormwater
easements shall allow for the ability to maintain the structures, perform corrective actions as described above and
shall provide protection of the structures from potential alternations by future property owners.
The schedule of maintenance activities listed in the Operation & Maintenance (O&M) Agreements signed by Mr.
Nick Eller (Construction Manager - Novant Health, Inc.) on August 22, 2011 for the sediment basin must be
followed for its effective operation. The O&M Agreements must transfer with the sale of the land or transfer of
responsibility for the stormwater facilities. DWQ must be notified promptly of every transfer.
Village Point Drive
DWQ# 11-0359
September 29, 2011
Page 3
5. For the remainder of the site, a final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) and proof of plan approval by the Village of Clemmons shall be
submitted to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe),
NCDENR/Division of Water Quality - Wetlands and Stormwater Branch, 1650 Mail Service Center, Raleigh, NC
27699-1650.
Before any land disturbance associated with any future phase may occur, the DWQ must receive documentation
of the City's approval of the stormwater management plan for this project. These facilities must be designed to
treat the runoff from the entire phase. Before any permanent building is occupied at the subject site, the
stormwater management facilities shall be constructed and operational, and the stormwater management plan shall
be implemented.
6. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the 401 Certification has been completed.
This certificate should be returned to the Winston-Salem Regional Office of the NCDWQ at the address
listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms "to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please contact Sue Homewood in the DWQ Winston-Salem Regional Office at
336-771-4964 or at [e-mail].
Sincerely,
J&Wqdlo?
Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Judy Cherry, Village of Clemmons Stormwater Division (via email)
Kelway Howard, Stimmel & Assoc. (via email)
Michael Brame, ECS (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Village Point Drive
DWQ# 11-0359
September 29, 2011
Page 4
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 this certificate to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Registration No.
Date