20061421 Ver 1_Stormwater Notice of Duplicity_20070831

~~~ ~ AT FRQ Michael F. Easley, Governor
~,~ G William G. Ross Jr., Secretary
~ ~- North Carolina Department of Environment and Natural Resources
~ --i
G} ~,c- -~ Coleen H. Sullins, Director
Division of Water Quality
~~
August 31, 2007
DWQ Project # EXP 06-1421
Johnston County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Regency Centers/Elizabeth T. Barber
Attn: Mr. David Smith
101 Maynard Crossing Court
Suite 211
Cary, NC 27513
Subject Property: Middle Creek Commons
UT to Middle Creek [030403, 27-43-15-(4), C, NSW]
STORMWATER DUPLICITY NOTICE
Dear Mr. Smith:
This memo is to inform you that the Division of Water Quality (DWQ) has initiated a major change in the
review and approval of Stormwater Management Plans (SMPs) submitted as part of the 401 Certification
application process. This change affects your proposed project, Middle Creek Commons.
Previously, development activities that require a 401 Certification and also have impervious surface
coverage equal to or greater than 30 percent have been required to submit a SMP for review and approval
by DWQ staff as part of the 401 application process.* Previously, the DWQ review and approval of the
SMP was in addition to any local government review and approval of the SMP that was required under a
state-mandated stormwater program (see list below).
In an effort to maximize the use of limited staff resources at the state and local levels as well as to
streamline the permitting process, a new policy is now in effect. From now on, SMPs that have been
approved by a local government as part of that local government's implementation of a state-
mandated stormwater control program, will not require additional stormwater approval from the
DWQ for the issuance of the 401 Certification.
For the purpose of this policy, local approval of the SMP under the following state stormwater programs
shall satisfy the stormwater requirement for receiving. a 401 Certification:
- Water Supply Watershed II, III, and IV
- Local Implementation of the NPDES Phase 2 Program
- Universal stormwater Management Program
- Nutrient Sensitive Waters (NSW) stormwater Program
- Randleman Lake Water Supply Watershed Stormwater Program.
* Note: Under the renewal of the NC General Certifications, it has been proposed to lower the impervious surface
threshold to 24% when the new General Certifications are expected to go into effect on October 15, 2007.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httJ~_h2ii.gnr state.nc_us/ncwetlands
Nose Carolina
~QtllCQ~~if
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. David Smith
Page 2 of 3
August 31, 2007
From now on, 401 Applications for proposed activities that exceed the impervious surface threshold
and are within a local jurisdiction that is implementing a state stormwater program must either Item 1
or Item 2 below.
1. A valid approval letter from the appropriate local government indicating that the proposed
activity has an approved SMP and indicating under which state stormwater program the approval
has. been granted, and one copy of the approved SMP, including plan details, calculations and
other supporting information, OR
If the necessary local approval of the SMP has not yet been obtained at the time of 401
Application, the application should indicate that a SMP has been, or will be, submitted for local
government approval. The applicant should indicate the local government that approval is being
requested from, and indicate under which state stormwater program the activity will be covered.
Any 401 Certification approved under this scenario shall be conditioned so that the proposed
impacts shall not commence until such time that the appropriate local approval has been granted.
401 Applications for proposed activities that exceed the impervious surface threshold but are not within a
local jurisdiction that is implementing a state stormwater program must include a complete SMP for
DWQ review and approval.
Notwithstanding this new policy, the Director of the DWQ reserves the right to review individual
stormwater management plans on a case-by-case basis in order to ensure that a proposed activity will not
violate water quality standards. Additionally, the DWQ Director reserves the prerogative to provide
comments to local governments of special provisions that may need to be incorporated into locally-
reviewed SMPs in order to provide an enhanced level of protection to sensitive watersheds or to provide
an enhanced level of stormwater control on unusual projects.
This new policy does not affect the DWQ's authority and responsibility to review 401 Applications for
avoidance and minimization. of all impacts to surface waters and wetlands. In addition, the DWQ will
retain the authority and responsibility to review projects for impacts to protected riparian buffers in areas
where buffer protection has not been locally delegated.
Please direct questions regarding this new policy to Ian McMillan at 919-715-4631 or
ian.mcmillan(cr~,ncmail.net or Annette Lucas at 919-715-3425 or amlette.lucas(a~ncmail.net.
Sincerely,
._
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/aml
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files

Mr. David Smith
Page 3 of 3
August 31, 2007
Debbie Edwards, S&EC, 11010 Raven Ridge Road, Suite 120, Raleigh 27614
Filename: 061421 MiddleCreekCommons(Johnston)_SW_Duplicity_Notice