20010357 Ver 1_More Info Received_20020515

Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
Stormwater Management Plan
Upchurch Farms Subdivision
Cary, Wake County, North Carolina
S&EC Project #: 98-3724
DWQ Project #01-0357
Dear Mr. Dorney:
May 15, 2002
MAY 1 5 2002
?Z WETLAN0.S (GROUP
WATERQUAUTY SECT
(454kil'A
Thank you for the recent 401 Certification approval of the revised 4act plans for 6 0 640
Upchurch Farms Subdivision, dated 5/9/02. The purpose of this letter is to respond to the
additional condition of the 5/9/02 Certification requiring stormwater treatment for the 44
multifamily portions of the subdivision.
r',?Vj (
''3y,
Stormwater treatment was required for the multifamily portions of the subdivision by
NC-DWQ as a condition of the 401 Certification issued on 6/12/01 (see attached). The
applicant responded to this condition in the 3/20/02 permit application submittal. The
applicant's 3/20/02 application included plans and calculations for a wet detention pond,
designed by Rice and Associates, to provide stormwater treatment for the high density
multifamily portion of the site as specified in the 6/12/01 Certification.
Please advise us as to whether or not the proposed stormwater management plan provided
in the applicant's 3/20/02 application is adequate. If further information is needed
regarding plans for the proposed wet detention pond, please contact Mr. Steve Rice, of
Rice and Associates, at [phone].
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone]
Fax: [phone]
1
t
May 15, 2002
S&EC Project #: 98-3724
Page 2 of 2
Thank you for your attention to this matter.
Sincerely,
Brad Suther".. Page=
Environmental Scientist
Attachments:
401 Water Quality Certification (5/9/02)
401 Water Quality Certification (6/12/01)
c: Ms. Cyndi Karoly, NC-DWQ 401 /Wetlands Unit
Mr. Mike Jones, Mercury Development
Mr. Steve Rice, Rice & Associates
`0r v , cRp
otG
o <
?D I ECEOVE
M AY 1 4 2002
Upchurch Farms
5660 Six Forks Road, Suite 202
Raleigh, NC, 27609
APPROVAL of 401 Water (duality Certification with Additional Conditions and Neuse River Buffer Rules
Dear Sirs:
May 9, 2002
DW QN 01-0357
Wake County
You have our approval, in accordance with the attached conditions and the condition listed below, to place fill in 0.2122 acre of
wetlands and 289 linear feet of perennial streams, and 396 linear feet of intermittent unnamed tributaries to White Oak Creek in order to
construct the Upchurch Farms residential project in New Hanover County, as you described in your modification request received by the
Division of Water Quality on March 20, 2002. This project is to be constructed in accordance with the site plans and commitments
provided on May 1 ? and 30, 2001, and March 20, 2002. Aftcr reviewing .your application, we have dete,^.rined that this fill is covered by
General Water Quality Certification Numbers 3374 and 3362. This Certification allows you to use Nationwide Permit Numbers 12, 39 and
43 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233).
In addition, you should get any other federal, state or local permits before you go ahead with your project Including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to
you on June 12, 2001.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us 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 fills for
this project (now or in the future) exceed 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 certification and the additional condition listed below:
An additional condition is that a final, written stormwater management plan for the mufti-family portions of the subdivision as
shown on the plans dated May 30, 2001 shall be approved in writing by this Office before the impacts specified in this
Certification occur. The stormwater management plan must include plans and specifications for stormwater management
facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual and condition no. 7 of General Certification no. 3287. These facilities must be designed to treat the runoff
from the entire multi-family portion of the project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any 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 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;
2. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the
issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wedands
Unit web site at htto://h2o.enr.state.nc.us/ncwetlands .
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
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 Cyndi Karoly at 919-733-9646 or Steve Mitchell in the DWO Raleigh Regional Office at 919-571-4700.
t
i
I
Ak..
Sincerely,
J. Thorpe, Ph.D.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwedands/
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
nt of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Attachments i
i '
cc Corps of Engineers Raleigh Regula?ory Field Office
...,Raleigh DWO Regional Office i - -..r
Central Files i
File Copy
Brad Suther, 11010 Raven Ridge Road, Raleigh, NC, 27614
010357r
I
oFWArF9
Q?
C13 r

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
p li? -'? Kerr T. Stevens
Division of Water Quality
r? n n F-7
s',
Upchurch Farms I ' I I 1001 Navaho Drive, Suite 150 JUN 2 0 2001
i
Raleigh, NC, 27609
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Sirs:
June 12, 2001
DWQ# 01-0357
Wake County
You have our approval, in accordance with the attached conditions and the condition listed below, to place fill In 0.106 acre of
wetlands and 363.3 linear feet of unnamed tributaries to White Oak Creek in order to construct the Upchurch Farms residential project in
New Hanover County, as you described in your application received by the Division of Water Quality on March 12, 2001 and in additional
correspondence received May 14 and 30, 2001. This project is to be constructed in accordance with the site plans and commitments
provided on May 14 and 30, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Numbers 3287 and 3288. This Certification allows you to use Nationwide Permit Numbers 39 and 12 when issued by the
U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval
will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us 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 fills for
this project (now or in the future) exceed 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 certification and the additional condition listed below:
1. An additional condition is that a final, written stormwater management plan for the multi-family portions of the subdivision as
shown on the plans dated May 30, 2001 shall be approved in writing by this Office before the impacts specified in this
Certification occur. The stormwater management plan must include plans and specifications for stormwater management
facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual and condition no. 7 of General Certification no. 3287. These facilities must be designed to treat the runoff
from the entire multi-family portion of the project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any 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 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.
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
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 Cyndi Karoly at 919-733-9646 or Steve Mitchell in the DWQ Raleigh Regional Office at 919-571-4700.
Attachment
Sincerely,
Kerr T. Stevens
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWO Regional Office
Central Files
File Copy
%Jim,Cgoper, J 1010 Raven Ridge Road, Raleigh, NC, 27614;,,,
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
!1111 "I" 49oo 1..6w..w1 f14f1 977 Coil') Is-% 6"-1160bw w..•
010357