HomeMy WebLinkAbout20051881 Ver 2_Approval Letter_20080709
~QF W p7. 9Q Michael F. Easley, Governor
~0 ~i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 9, 2008
DWQ# 05-1881 ver 2
Guilford County
Mr. Ken Lindholm
Faith Properties
10410-50OG Park Road
Charlotte, NC 28210
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Lindholm:
You have our approval, in accordance with the attached conditions, to place permanent fill in a total of 291 linear feet of
stream and 0.09 acres of wetlands and to place temporary fill in 35 linear feet of stream and 0.031 acres of wetlands in
order to construct the Piedmont Crossing/Lilliefield Subdivision and associated amenities in High Point, NC in Guilford
County, as described in your original approval from the Division of Water Quality (Division) dated October 19, 2005 ,
the modification application received by the Division on June 2, 2008 and additional information received June 27,
2008, 2008. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Numbers 3699 and 3705, which can be viewed on our web site at
http://www.ncwaterquality.org/wetlands.html. These Certifications allow you to use Nationwide Permit Numbers 12
and 39 when they are 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 Certification.
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 may be 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 the Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional 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 certification, 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 this
Certification are met. No other impacts, including incidental impacts, are approved:
Stream Identifier Stream Impact length
S-1 Unnamed tributary to Oak Hollow Lake 74 linear feet permanent impact
S-2 Unnamed tributary to Oak Hollow Lake 75 linear feet permanent impact
S-3 Unnamed tributary to Oak Hollow Lake 142 linear feet permanent impact
T-1 Unnamed tributary to Oak Hollow Lake 15 linear feet -permanent impact
T-2 (relocated from Unnamed tributary to Oak Hollow Lake 20 linear feet temporary impact
original approval)
Total 291 linear feet permanent impact
35 linear feet temporary im na
&MIly
North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax (336) 771-4630 1-877-623-6748
Internet: www.ncwaterqualit .org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Ken Lindholm
July 9, 2008
DWQ # 05-1881 ver. 2
Page 2
Wetland Identifier impact Type Impact area
W-1 Permanent Fill 0.016 acres
W-2 Permanent Fill 0.006 acres
W-3 Permanent Fill 0.008 acres
W-4 Permanent Fill 0.05 acres
W-5 Permanent Fill 0.01 acres
T-3 Temporary Fill 0.031 acres
Total 0.09 acres permanent impact
0.031 acres temporary impact
2. The Randleman Lake Water Supply Watershed Protection Rules (15A NCAC 02B .0250) allows for a
construction corridor through Zone 2 of the riparian area provided there is no practical alternative. In
addition, the rules allow for a permanent maintained access corridor not to exceed 10 feet in width except
at manhole locations. During a site visit on June 25, 2008 it was noted that the sewer lines previously
constructed do not currently meet this regulation. The Permittee shall ensure compliance with this
regulation on all existing and future areas within the development.
3. Please note Condition No. 20 in the attached GC No. 3699 allowing not more than a 15-foot wide permanent
access road at stream crossings and through all wetlands.
4. Please note Condition No. 6 in the attached GC No. 3705 requiring all work to be conducted in a dry work area.
5. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
6. The final, written stormwater management plans (including a signed and notarized Operation and Maintenance
Agreement) approved by the Division on November 25, 2008, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied at the
subject site. The structural stormwater 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.
7. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion"
to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate
should be returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form.
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 150B 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.
Mr. Ken Lindholm
• July 9, 2008
DWQ # 05-1881 ver. 2
Page 3
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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
sue.homewood@ncmail.net.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Wendell Overby, S&EC, 248 LePhillip Ct, Concord, NC 28025
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Mr. Ken Lindholm
July 9, 2008
DWQ # 05-1881 ver. 2
Page 4
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date