HomeMy WebLinkAbout20070008 Ver 1_More Info Letter_20070104- ~~F W ATF9 p Michael F. Easley, Governor
\Q (~ William G. Ross Jr., Secretary
Vj r North Carolina Department of Environment and Natural Resources
~ ~
~ .~ Alan W. Klimek, P.E. Director
Division of Water Quality
January 4, 2007
DWQ Project # 07-0008
Forsyth County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. John Nance
D.R. Horton, Inc.
2000 Aerial Center Parkway, Suite 110
Morrisville, NC 27560
Subject Property: Griffith Park
Ut to Horsepen Creek [030602, 16-11-5-(0.5), WSIII, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Nance:
On January 2, 2007, the Division of Water Quality (DWQ) received your "Courtesy Copy"
application dated December 28, 2006, to impact 1641ineaz feet of perennial stream (1441ineaz
feet permanent, perennial stream impact, 201ineaz temporary, perennial stream impact) to
construct the residential subdivision at the site. The DWQ has determined that your application
was incomplete and/or provided inaccurate information as discussed below. The DWQ will
require additional information in order to process your application to impact protected wetlands
and/or streams on the subject property. Therefore, unless we receive five copies of the additional
information requested below, we will have to move toward denial of your application as required
by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to
review your project.
Additional Information Requested:
1. Your proposed impacts aze 1641ineaz feet of stream, therefore you are over the threshold
of 150 lineaz feet as .stated in Condition No. 1 of General Certification No. 3402
(GC3402) and Nationwide 39. Therefore, your project will require written notification to
and approval from the Division of Water Quality. Please submit five copies of your Pre-
Construction Notification (PCN) application, and the correct permitting fee of $475.
(Please note that beginning January 1, 1999, the N.C. General Assembly passed
legislation requiring payment of a fee for a11401 applications. The fee for applications is
$200 for projects impacting less than an acre of wetland and less than 1501ineaz feet of
streams. For projects impacting one or more acres of wetland or 150 or more feet of
streams, the fee is $475.)
N~~tltCarolina
401 Oversight/Express Review Permitting Unit QtllrQ!!1J
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: htto://h2o.enr.state.nc us/ncwetlands
An Equal Opportunity/Atlirmative Action Employer - 50% Recycled/10% Post Consumer Paper
D.R. Horton, Inc.
Page 2 of 3
January 4, 2007
2. Under Section XI. -Stormwater (required by DWQ) on page. l2 of 13 of your
application, regarding the proposed project imperviousness, your response to the question
was, "33.6%." You are seeking approval for your project under General Water Quality
Certification No. 3402 (Nationwide 39) of which Condition No. 4. states, "Additional
site-specific stormwater management requirements may be added to this Certification at
DWQ's discretion on a case by case basis for projects that have or are anticipated to
have impervious cover of greater than 30 percent. Site-specific stormwater management
shall be designed to remove 8S% 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 classifted 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. 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. Your site is in a NSW
watershed and therefore based on your submitted plans, you will need to submit a
stormwater Best Management Plan (BMP) for a constructed. wetland. Please submit
your stormwater BMP plan, worksheets and a signed and sealed Operations and
Maintenance agreement.
3. Please address Section XIV -Cumulative Impacts (required by DWQ) of the PCN. This
must be answered.
4. Please submit electronic CAD files showing stream impacts via email to
ian.mcmillan@ncmail.net and CD.
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
project and will be providing the DWQ the requested information at a later date. Please contact
me in writing and Alan Johnson of the DWQ Mooresville Regional Office. If we do not heaz
from you within three weeks, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be awaze that any impacts requested within your application
D.R. Horton, Inc.
Page 3 of 3
January 4, 2007
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sinc ,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlijm
cc: Daryl Lamb, DWQ Winston-Salem Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Charles Johnston, Environmental Services, Inc., 3661 Alamance Rd, Burlington, NC 27215
Filename: 070008GriffithPark(Forsyt6)Oo_Hold