Loading...
HomeMy WebLinkAbout20070495 Ver 1_Notice of Withdrawal_20070925QF W A rFj9 Michael F. Easley, Governor p ~ 0 G ~ William G. Ross Jr., Secretary ~ ~ North Carolina Department of Environment and Natural Resources ~ ~ p ~ Coleen H. Sullins. Director Division of Water Quality September 25, 2007 CERTIFIED MAIL: 7004 2510 0002 2177 7072 RETURN RECEIPT REQUESTED Mr. Dick Burditt Terrapin Ridge LLC 7221 Belmont Drive Trinity, NC 27370 Subject Property: Terrapin Ridge NOTICE OF RETURN Dear Mr. Burditt: DWQ # 07-0495 Guilford County On March 16, 2007, you requested a 401 Water Quality Certification from the Division of Water Quality (DWQ) for your project. We wrote to you on March 27, 2007 discussing concerns that we have regarding the design of the project and stating that it would be placed on hold for three weeks giving you time to address DWQ's concerns. As of today, DWQ has not received a response to this request. Therefore, your file is hereby considered returned and will not be reviewed until DWQ's earlier concerns are addressed. Once you have collected sufficient information to have a complete application (please see our March 27, 20071etter for the missing information), you will need to reapply for DWQ approval. This includes submitting a complete application package with the appropriate fee. Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statuses and Administrative Code. Please call Mr. Ian McMillan or Cyndi Karoly at 919-733-1786 if you have any questions or concerns. Sincerely, t~--- Steve W. Tedder Regional Supervisor DWQ Winston-Salem Regional Office cc: Andy Williams, US Army Corps of Engineers, Raleigh Regulatory Field Office Charles Johnston, Environmental Services Inc, 3661 Alamance Rd, Burlington, NC 27215 DWQ Winston Salem Regional Office DWQ 401/Wetlands Unit DWQ Central Files 401 OversighdExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 I FAX 919-733-6893 /Internet: httro://h2o.enrstate.nc.us/ncwetlands Filename: Noe Carolina ~atttra!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~~F W ATF9Q Michael F. Easley, Governor ~~ `~ G William G. Ross Jr., Secretary J( ~ r North Carolina Department of Environment and Natural Resources ~ ~ ~ .~ Alan W. Klimek, P.E. Director Division of Water Quality March 27, 2007 DWQ Project # 07-0495 Guilford County Page 1 of 2 CERTIFIED MAIL: RETURN RECEIPT REQUESTED _. ____ _ tc~la~et? Terrapin Ridge,~LLC I w.c, ~©~t ;,~ ~ ~~~ Attn: Mr. Dick Burditt ~ ~~ ~ ~~~ 7221 Belmont Drive a, A Trinity, NC 27370 ~ ~,.,:~,,,,;,.:,;,... ~~ _. Subject Property: Terrapin Ridge Little Alamance Creek [030603, 16-19-3-(0.3), WSIV, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Burditt: On March 16, 2007, the Division of Water Quality (DWQ) received your application dated March 12, 2007 to impact 0.056 acres of 404/wetland and temporarily impact 20 linear feet of perennial stream to construct the residential subdivision. 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 wetland, streams and/or buffers on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by I SA 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: Per Condition No. 3 of GC3631, "Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. .0212 (WS-I), 2B .0213 (WS-II), 2B .0214 (WS-III) and 2B .0215 (WS-I~. Only water dependent activities, public projects, and structures with di minimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission (EMC) before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot vegetative buffer for high density development must be maintained adjacent to all perennial waters, except for the allowances as provided under the Water Supply Watershed Protection Rules. For the purpose of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by the local government studies." Please resubmit five copies of your application package and a fee made payable to "DWQ" for $200. 2. Under Condition Number 4 of GC 3631, "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. (Furthermore, it is the DWQ's policy that areas of concentrated development within a project must treat stormwater runoff~e No Carolina ~tura!!y 401 Oversight/Express Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crahtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Interne[: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Terrapin Ridge, LLCBIue Ridge Companies Page 2 of 2 March 27, 2007 Site-specific stormwater management shall be designed to remove 85% 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 classified 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 stormwater BMP plans for bio-retention stormwater BMPs, constructed wetland stormwater BMPs, or a combination of the two. Please submit your revised plans, worksheets and Operations and Maintenance agreement. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and to provide us with a date that we may expect to receive this requested information. If we do not receive this requested information within one week of the date you indicate it will be forthcoming, your project will be withdrawn and you will need to reapply with a new application and a new fee. Please contact me in writing and Daryl Lamb of the DWQ Winston Salem Regional Office. If we do not hear 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 aware that any impacts requested within your application are not uthorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Cyndi Karoly at 919-733-1786 ify have any questions regarding or would like to set up a meeting to discuss this matter. /~ Sinc , Cyndi Karoly, Supervisor O l Oversight/Express Review Permits Unit CBK/ijm cc: Charles Johnston; Environmental Services, Inc; 3661 Alamance Road; Burlington, NC 27215 Daryl Lamb, DWQ Winston Salem Regional Office DLR, Winston Salem Regional Office File Copy Central Files Fi I ename: 070495Terrap inRidge(Gui Iford)On_Ho Id