20050732 Ver 12_Initial Interest_20081027

INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERSITE/EXPRESS PERMITTING UNIT
February 8, 2008 3 IL U
Version 5
Applicant Name: NNP-Briar Chapel, LLC
Applicant Address: 16 Windy Knoll Circle Chapel Hill, NC 27516
Applicant's phone number: [phone] Fax number: [phone]
Applicant's email address: mbarrongnewlandcommunities.com
Consultant Name (if applicable): The John R. McAdams Company, Inc.
Consultant address (if applicable): PO Box 14005 RTP, NC 27709
Consultant's phone number: (919 361-5000 Fax number: [phone]
Consultant's email address: jfinchejohnrmcadams.com
Type of action requested under the Express Review Program (check all that apply):
? 401 Water Quality Certification ? Stream Origin Determination
? Isolated Wetland Permit
? Riparian Buffer Approval
? Riparian Buffer Minor Variance
? Coastal General "Major" Variance
# of Determinations Requested
? Intermittent/Perennial Determination
# of Determinations Requested
? Non-404 Wetland Determination
# of Wetlands
Stormwater Management Plan (this fee is not additive when approval is combined with 401 Cert.)
6 # of Drainage Areas/Project Site (SWM PLAN MODIFICATION)
Name of Project: Briar Chapel - Phase 4 County: Chatham
Site Location (DM.MM) - Latitude: 35°49'29" Longitude: 79°05'51
Total project acreage: Approx 140ac (acres)
Total built out impervious area: Approx 60ac(acres)
Nearest Named stream + River Basin (from USGS topo map): Pokeberry Creek - Cape Fear River Basin
Please provide a brief description of this project (attach site plan if available):
Please reference the previous DWQ Stormwater Management Approval for Phase 1 of Briar Chapel: (DWQ # EXP 05-
0732v7). For stormwater permitting purposes, this phase is referred to as Phase 1 in all submittals and
approvals, but in the approved construction drawings it is actually Phase 4. Located off from US Highway 15-5011
north of Andrews Store Road and south of Mann's Chapel Road (SR 1532) in Chatham County, NC is the proposed
development known as Briar Chapel. Phase 4 (i.e. Phase 1 in DWQ approvals) of Briar Chapel is approximately 140-
acres and will consist of single-family and multi-family lots, a clubhouse, along with the associated utility, parking, and
roadway infrastructure. The proposed development is located within the Cape Fear River Basin, and drains to Pokeberry
Creek, which is classified as Water Supply IV (WS-IV), and a Nutrient Sensitive Waters (NSW). A 401 Water Quality
Certification (DWQ # 2005-0732) was issued on May 9, 2006 (After-The Fact Mod issued in January 2008), which
included a Stormwater Management condition Final stormwater management plans and calculations were previously
submitted to and approved by DWQ for Phase 4 (i.e. Phase 1 in DWQ approvals) of the development. Phase 4 (i.e.
Phase lji %64d apUEb1@1sJ of tit ~ rijr CaVtl f4ormwater approvals contained 6 water quality ponds that were
. max.
submitted to and approved by DWQ in 20067`.-- Due to site impervious/lavout revisions, a modification to these approvals
became necessary, which was submitted to and approved by DWQ in October 2007. Also submitted and incorporated
into the October 2007 stormwater management plan modification approval was several low-density phases of the project.
At the current time, additional site impervious revisions have taken place, resulting in the need once again to modify the
previous October 2007 stormwater management approval. There is one minor structural modification to the previously
approved stormwater management facilities. Due to a reduction in both the contributing drainage area and overall
impervious area, this stormwater management plan modification proposes to eliminate the 30-foot emergency spillway
weir in wet pond #4. This is the only structural modification proposed as part of this permit modification, as the other 5
wet ponds remain unchanged structurally from the previously approved design.
Please attach a map of site location using USGS 1:24,000 topographic map and County soil survey.
Location of project site - please include reference to the county, nearest named town and street name or highway number:
The proiect is located off of U.S. 15/501 north of Pittsboro, and is bound to the north by S.R. 1532 (Manns Chapel Road),
to the east by Route 15/501, and to the south by Parker Herndon Road in Chatham County, North Caroilna. The majority
of the project drains to Pokeberry Creek, which runs through the site.
Proposed impacts:
N/A
N/A
N/A
N/A
N/A
Acres of 404/401 wetlands
Acres of non-404 wetlands
Linear feet of streams
Linear feet of isolated streams
Square feet of protected stream buffers
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list which
ones. Yes, representatives from The John R. McAdams Company, Inc. have attended a DWO Consultants Workshop.
Also, representatives from The John R McAdams Company, Inc. were invited to attend the wetland functional assessment
methodology workshop headed by John Dorney, and have also attended numerous USACE sponsored training sessions.
Has any DWQ staff visited the site? Yes, if yes, please provide DWQ staff name, Raleigh Regional Office and date of
visit: various occasions over past several years
Which other environmental permits from other agencies will be needed for this project? Please list the permits and issuing
agencies below:
US Army Corps of Engineers - 404 Permit
Chatham County - Sedimentation & Erosion Control Permit
NC DWQ - 401 WQ Certification
Dam Safety - NC Division of Land Quality
Is there local government implementation of a State-mandated stormwater control program on your site? (If yes, please
state local government and implemented program (ex. Town of Wake Forest, NPDES Phase 2): Yes, the project is subject
to Chatham Coun - implementation of the State Water Supply Watershed program, which satisfies NPDES Phase 2
2
Does this project require approval under the SEPA or NEPA? No
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ? Yes -
there was an Approval of 401 WO Certification - After-The Fact Modification issued in January 2008; Also, there was a
notice of violation issued in January 008 (NOV-2008-WQ-0003)
Does this project require approval of a Variance from the NC Environmental Management Commission? No
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any measures
that have been taken with respect to public involvement.
No, not with respect to the stormwater mana eg ment portion of the project
This form must be submitted via email (c/o 401express a,ncmail.net), faxed (919-733-6893), or hand-delivered to:
Parkview Building, 2321 Crabtree Blvd. Suite 250, Raleigh, NC 27604. Applicants who are selected to participate in the
Express Review Program will be notified via email or fax. Successful applicants will then be instructed regarding detailed
procedures for full application (Note: Submittals of the review packages on Friday after 12:00 pm will be stamped as
received on the next business day).
Please contact Lia Myott or Joseph Gyamfi at 919-733-1786 if you have any questions regarding this form.
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OCT-31-2007 17:05 FROM:DWO-WETLANDS 9197336893
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TO:93612269 P:1/3
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William Q. Riess Jr., secretarvjv_"?
North Carolina 1)cpurlrnent of Envirenmcnt and Natural Rcsourcc5
Colcen 11. Sullins,.DiractQT
Division of Water Quality
EXPRESS PERMIT REVIEW PROGRAM
Division of Water Quality
Department of Environmental and Natural Resources
401. OversightJExnresg Review Permitting UnIt
Street Address: 2321 Crabtree Boulevard, Suitc 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service `Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Pax 919-733-6893
Fax To: Kevin Yates Fax #: 361,2269
Mitch Barron. 361.7011
Subject: Briar Chapel Phase 1 Stormwater Approval Date: October 10, 2007
Number of pages including cover sheet: 3
Notes or special instructions:
The original will be sent in the mail, If you have questions, please contact Lia Myott at 919-733-9502 or Joseph
Gyar)3.fi at 919-715-3473.
• 1?q`hC;arolirta
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401 Oversight/Fxprcaa Review Pennifting Unit
1650 Mail Sorvicc Center, R,06L4i, North Carolina 27699.1650
2321 Crnbtrce 1301110vard, Suitc 250, Raleigh. North Carolina 27604
Phone (9 t9) 733-1786 / Pax (919) 733-(A93
lnterrtct, http;((fr?p,S?r,.?ig.naus+ncwottands
An Equal CppOrtunlty/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
OCT-31-2007 17:05 FROM:DWQ-WETLANDS 9197336893
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NNP--Briar Chapel, LLC
Ann.: Mr. Mitch Barron, Vice President Newtand Communities
5850 Fayetteville Road, Suite 201
Durham, NC 27713
J)WQ Project # EXP 05-07320
Chatham County
Subject Property: Briar Chapel Community, Phase J.
APPROVAL OF MODIFICATION OF STORM WATER MANAGEMENT PLAN
Dear My. Barron:
The Division of Water Quality (DWQ) has Reviewed the October 29, 2007 Modification Request to the Storm
Water Management Plans approved by DWQ on August 7, 2006 (EXP 05-0732v2), August 21, 2006 (EXP 05-
07320), August 29, 2006 (.EXP 05-0732v4),.and December 8, 2006 (EXP 05-0732v5). 1-he proposed
modifications to the six (6) Wet Ponds became necessary duc to site layout changes and subsequent revisions to
t:lie total impervious area to each wet pond as stipulated in the application documents submitted by your engineer,
Mr. Jeremy Finch, PX, of John McAdams Company, Inc. Having submitted all requested items and supporting
inforniation including one original and two copies of,revised site layout and construction plans, revised
impervious area calculations, revised BMP supplements and corresponding operation and maintenance
agreements for all BMPs, the DWQ understands that the requested modifications will not result in the
compromise of stonnwater treatment requirements associated with this project. Therefore, DWQ will approve of
these modifications to the six wet ponds in Phase 1.
This Modified Stormwater Management Plan will satisfy phase 1 stormwater conditions required by the
Individual Water Quality Certification issued on May 9, 2006.
This approval is subject to the following conditions and, provisions:
1. The stormwater treatment system, which includes six wet detention ponds, preformed scour holes, and
forested filter strips, as approved by this Office, and the drainage patterns depicted on the plan sheets,
must be maintained in perpetuity. No changes to the structural Stormwater practices shall be made
without written authorization from the Division of Water Quality. The stormwater easements shall allow
for the ability to maintain the structures, perform. corrective actions., and shall provide protection of the
strictures from potential alternations by future property owners.
2. The approval of the proposed stormwater management plan for the low density area (i.e. less than 30%
impervious area) is hereby incorporated. The storm drainage system for this area shall consist of
curb/gutter-grassed. ditches-preformed scour hole/level spreader system to provide diffuse flow prior to
entering stream buffers as proposed. Any structtaie/.facility/amenity that will increase the percent
impervious of this area shall not be constructed without prior approval of the storn1wate.r treatment system
from DWQ.
3. Stormwater treatment systems for future phase development: shall be in accordance with the rnost current
version of the NCDENR Stormwater Best Management Practices Manual at the time of the development.
401 Oversight J Express Revlew Permitting Unit
1650 Mail ScrviCe Center, Raleigh, North Cwolina 27699-1650
2321 Crabtree f3aukvnrd, Suite 250, RalciRh, North Caroll.ns 27604
Phone: [phone] / FAX [phone](Wernet: ZtltR /,},2u,gnr 5taite _nc_uslncwctlwids
70:93612269 P:2/3
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Noah Carolina Ucpwtment of Environment utd Natural Resources
Colcwi H, Sullins, Director
Division of WWI' Quality
October 31, 2007
Nrbn'Tb,Carolina
'Naturally
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OCT-31-2007 17:05 FR0M:DWQ-WETLANDS 9197336893 TO:93612269 P:3/3
Briny Chapel Phase 1 Stormwater Modification
Page 2 of 2
October 31, 2007
4• You must: submit three (3) copies of an executed Declaration of Covenants and Restrictions-Riparian
Areas document within thirty (30) days of recording with the Register of Deeds, Chatharn County, North
Carolina.
5. The applicant and/or authorized agent shall contact: the DWQ Express Review Program in Writing at the
letterhead address within ten (10) days of the commencement orconst7uction.
This letter completes the review of the Divisiott of Water Quality under Section 401 of the Clean Water Act. If
you havc any questions, please contact Joseph Cryainfi at 919-715-3473 or Lia Myott at 919-733-9502.
Sit, e' ly
Cyndi Karoly, Supeivisor
X01 Oversight/Express Review Program
CBK/jg
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh. Regional Office
File Copy
Central Files
Kevin Yates, John R. McAdams Co., Inc.; 29x5 Meridim Pkwy., Durham, NC 27713