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HomeMy WebLinkAbout20051881 Ver 3_Approval Letter_20081126WAIF F ?Q 9Q Michael F. Easley, Governor 0 William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources `C Coleen H. Sullins, Director Division of Water Quality November 26, 2008 DWQ# 05-1881 ver 3 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 148 linear feet of stream and 0.09 acres of wetlands and to place temporary fill in 30 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, additional information received June 27, 2008, 2008, the modified application received by the Division on September 29, 2008 and additional information received November 21, 2008 and November 25, 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.ncwaterqualiiy.or.g/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: 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 ream Impact length S-1 nnamed tributary to Oak Hollow Lake J 81 linear feet permanent impact S-2 nnamed tributary to Oak Hollow Lake 67 linear feet permanent impact T-1 ?UnnamedfriNitnr- to Oak Hollow Lake 15 linear feet permanent impact T-2 (relocated from Unnamed tributary to Oak Hollow Lake 15 linear feet temporary impact original approval) Total 148 linear feet permanent impact 30 linear feet temporary im 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 Intemet: www.ncwate[quality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper na aturally Mr. Ken Lindholm November 26, 2008 DWQ # 05-1881 ver. 3 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. The outside buffer, wetland or water boundary located within any 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, 2007, 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. Mrs. Ken Lindholm November 26, 2008 DWQ # 05-1881 ver. 3 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 November 26, 2008 DWQ # 05-1881 ver. 3 Page 4 DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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. n Date