HomeMy WebLinkAbout20051881 Ver 1_Approval Letter_20051019P' ~`~~ W AT ~q0
~O G
r
O ~ 'C
Michael F. Easley, Governor
\Villiam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of water Quality
October 19, 2005
DWQ# OS-1881
Guilford County
CERTIFIED MAIL: 7003 3110 0003 6489 8186
Return Receipt Requested
Mr. Ken Lindholm
Faith Properties
10410-SOOG Park Road
Charlotte, NC 28210
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Lindholm:
Faith Properties has our approval, in accordance with the attached conditions, to place permanent fill in 149
linear feet of perennial stream and to place temporary fill in 30 linear feet of perennial stream and 0.09 acre of
wetlands in order to construct a road crossing and install a sanitary sewer line for the Piedmont Crossing (also
known as Lilliefield Subdivision) single-family and multi-family residential subdivision located on Barrow
Road, in High Point, Guilford County, as described in your application received by the Division of Water
Quality (DWQ) on October 10, 2005. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Numbers 3374 and 3402, \vhich can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetlands. These Certifications allow you to use Nationwide Permit Numbers 12
and 39 respectively when they arc issued by the U.S. Army Corps of Engineers. In addition, you should secure
any other applicable federal, state or local permits before you proceed with your project, including (but not
limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed
regulations. Also, this approval will expire when the accompanying 404 permits expire unless otherwise
specified in the General Certifications.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you maybe required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of these Certifications and
approval letter and is thereby responsible for complying with all conditions. If total \vetland fill for this project
(now or in the future) exceeds one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
Certifications, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of these
Certifications are met. No other impacts, including incidental impacts, are approved:
No~thCarolina
~1 alrrrn~~j
North Carolina Division of water Quality
\Vctlands Certification Unit 1650 Mail Service Ccntcr Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496
2321 Cmbtrce E31vd. Raleigh, NC 27603-2260 Internet htto//:h2o.enr.state.nc.us/ncwetlands
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50°6 Recycled/t0%Post Consumer Paper
Mr. Ken Lindholm
Page 2, DWQ# OS-1881
October 19, 2005
Amount A roved Plan Location or Reference
Streams 1791inear feet Unnamed tributaries to Oak Hollow Lake located near Barrow
Road in High Point, Guilford County. Reference: "Overall
Watershed Delineation Map for Lilliefield Subdivision".
Headwater wetlands located near Barrow Road in High Point,
Wetlands 0.09 acre Guilford County. Reference: "Overall Watershed
Delineation Ma for Lilliefield Subdivision".
2. A final, written stormwater management plan must be approved in writing by this Office before the
impacts specified in this authorization occur, per condition No. 4 in General Certification 3402. The
stormwater management plan must include plans and specifications for stormwater management
facilities that are appropriate for surface waters classified as Class WS-IV and designed to remove, at a
minimum, 85% Total Suspended Solids according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff
from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any new permanent building is occupied at the subject site, the facilities (as approved by this
Office) shall be constructed and operational, and the stormwater management plan (as approved by this
Office) shall be implemented. The structural storm~vater practices as approved by this Office, 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. This stormwater
management plan must be submitted to the Central Office of the Wetlands/401 Certification Unit
in Raleigh within 60 days of receiving this letter.
3. The proposed project must comply with the local water supply ordinance approved by the N.C.
Environmental Management Commission (EMC) as required under the Randleman Lake Water Supply
Watershed Rule (Randleman Buffer Rule): 15A NCAC 02B .0250, Protection and Maintenance of
Riparian Areas, and 15A NCAC 02B .0251, Stonnwater Requirements. (Local Governments include
Archdale, Greensboro, High Point, Randleman, Jamestown, Randolph County and Guilford County.)
4. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class WS-IV waters as described in 1 SA NCAC 02B .0216 Fresh Surface Water
Quality Standards For Class WS-IV Waters. Such measures must equal or exceed the requirements
specified in the most recent version of the North Carolina Sediment acid Erosion Control Manual.
These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor owned and leased borrow pits, which are associated with this project.
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is unavoidable,
Mr. Ken Lindholm
Page 3, DWQ# OS-1881
October 19, 2005
they shall be removed and the natural grade restored within six months of the date that the project is
completed or, if applicable, within six months of the date that the project is released by the North
Carolina Division of Land Resources.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
7. The culvert required for this project shall be installed in such a manner that the original stream profile is
not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing
stream dimensions (including the pattern and profile) are to be maintained above and below the location
of the culvert. The culvert shall be designed and installed to prevent head cutting of the stream. If the
culvert becomes perched, the appropriate stream grade shall be re-established or, if the culvert is
installed in a perched manner, the culvert shall be removed and re-installed correctly. The Applicant
must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
8. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization ofthe streambed or banks upstream or downstream.
9. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
10. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
finished. This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality
at the address listed on the form. Along with the Certificate of Completion form, please send
photographs upstream and downstream of the culvert site and utility line crossing to document correct
installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 1~OB of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
IVir. Ken Lindholm
Page 4, DWQ# 0~-1881
October 19, 2005
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 Daryl Lamb in the DVVQ Winston-Salem Regional Office at 336-771-
4600, extension 293, or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
r~~~
Alan W. Klimek, P.E.
~~
AWK/cdl
Attachments
cc: Mr. Todd Tugwell, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Mr. Wendell Overby, Soil &Environmental Consultants, PA, 236 LePhillip Court, Suite C, Concord, NC
28025