20010357 Ver 1_Stormwater Approval_20080110

~Q~ ~~ ~ t ~/9Q Michae4 1F. Easley, Governor
~ William G. Ross Jr., Secretary
t^ North Carolina Department of Environment atmd Natural Resources
~_ ~
O "C Coleea H. Sullins, Director
Divi~on of Water Quality
January 10, 2008
DWQ Project # 01-0357
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Mike Jones
Triton Upchurch, LLC
5660 Six Forks Road
Suite 202
Raleigh, NC 27609
Subject Property: Upchurch Farms
UT White Oak Creek [030605, 16-41-6-(0.3), C]
APPROVAL OF MODIFIED STORMWATER MANAGEMENT PLAN /
RESOLUTION OF NOV-2007-WQ0026
Dear Mr. Jones:
On May 9, 2002, the Division of Water Quality (DWQ) issued a 401 Water Quality Cer~tilfication to
place fill in the following jurisdictional surface waters in order to construct the Upchurch Farms
Subdivision in Wake County, North Carolina:
0.2122 acre of wetlands,
2891inear feet of perennial streams, and
396 feet of intermittent unnamed tributaries to White Oak Creek.
On August 2, 2002, the DWQ approved a stormwater management plan to meet Condition 1 of the
Water Quality Certification.
On April 19, 2007, Annette Lucas and Lauren Cobb from the DWQ conducted a site inspection for
this project. These DWQ staff members specifically inspected the stormwater manageml~nt facility
and stream down gradient of the stormwater management facility. During this inspection, Ms. Lucas
and Ms. Cobb determined that the stormwater management facility was not constructed according to
the plans and specifications that were approved by the DWQ on August 2, 2002 and that: in-stream
sediment merited the issuance of a Notice of Violation (NOV).
As a result of the site inspection and file review, DWQ issued NOV-2007-WQ-0026 to ~u on May
7, 2007. This NOV inventoried violations with associated with the following componenits of the
stormwater management plan:
• Forebay,
• Area between the forebay and the treatment area of the wet detention basin,
N'o~ hCarolima
401 Oversight/Express Review Permitting Unit wutttCa!!y/
1650 Mail Service Center, Raleigh, North Carolina 2 7699-1 650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet http 'h~o,enr =tatc,n~ u -ncwetlanris
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Page 2 of 2
January 10, 2008
Treatment area,
Outlet structure, and
Level spreader.
Plans to resolve the issues listed in the NOV and to modify the original stormwater management plan
were submitted by your consultant, BSC Rice Associates;, dated July 13, 2007 and received by the
DWQ on July 17, 2007. Revised stormwater plans were submitted by BSC Rice Associates and
received by the DWQ on December 13, 2007. DWQ has reviewed the submittals and hereby gives
its approval for the stormwater management plan, dated and received on December 13, 2007. This
plan satisfactorily resolves all of the issues associated with NOV 200701460 and also satisfies the
stormwater management conditions of the 401 Water Quality Certification. All other conditions
relevant to the original Water Quality Certification still apply.
The structural stormwater practices as detailed in your revised stormwater management plan dated
December 13, 2007 must be implemented within 60 days of your receipt of this letter. After the
stormwater plan is implemented, please fill out the attached Certificate of Completion and return it to
the 401 Oversight/Express Unit, 2321 Crabtree Boulevard, Suite 250, Raleigh, NC 27604.
After implementation, the structural stormwater practices, as well as drainage patterns must be
maintained in perpetuity. No changes to the structural st®rmwater practices shall be made without
written authorization from the DWQ. Stormwater easements shall be recorded for a distance of at
least 10 feet on each side of all stormwater conveyances 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.
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 telephone nne at 919-715-3425.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/aml
cc: Lauren Cobb - RRO
RRO -Water Quality Files
John Hennessey - NPS-ACO Unit
Charles Brown -Town of Cary, 318 N. Academy Street, Cary, NC 27513
File Copy
Central Files
Fit~ename: 010357UpchurchFarms(Wake)_Approve_SW_Mod