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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