20081121 Ver 1_Notice of Withdrawal_20090626

LFWAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 26, 2009
DWQ # 08-1121
Randolph County
CERTIFIED MAIL: 7008 3230 0000 9861 6023
RETURN RECEIPT REQUESTED
Mr. Reece Diamond
Diamond W Builders LLC
9814 US Hwy 311
Archdale, NC 27263
Subject Property: Diamonds Keep Subdivision Project
NOTICE OF RETURN
Dear Mr. Diamond:
On July 17, 2008, you requested a 401 Water Quality Certification from the Division of Water Quality (Division) for your
project. We wrote to you on August 13, 2008 and March 31, 2009 requesting additional information on the project. As of
today, the Division has not received a complete response to these requests. The following items are noted as continued
deficiencies with regard to your application:
Comment 1 of the DWQ's March 31, 2009 Request for More Information letter stated: "For Basins 1, 4, 6, 7 and
8, please provide a detailed inventory of imperviousness surfaces. The inventory should include ALL proposed
building footprints, roads, driveways, sidewalks, gravel-surfaced areas, amenity areas, etc. A Stormwater
Management Plan (SMP) must be provided for any drainage areas that exceed 24 percent imperviousness. Per
NCAC 2B 15A: 02H.1000, a "drainage area" is defined as "the entire area contributing surface runoff to a single
point."
This information was not provided on the plan sheets. Providing a typical layout of the home, out building, drive
and walk ways for a residence on a lot of this nature is not specific enough. It also appears that the drainage area
boundaries may not have been drawn accurately.
2. Comment 2 of the DWQ's March 31, 2009 Request for More Information letter stated: "For any drainage areas
that are between 22 and 24 percent impervious, please provide draft deed restriction language that will limit lot
imperviousness such that low density conditions are permanently maintained. In that case, you will be required to
denote the impervious surface limit on each plat as a condition of your 401 Certification."
The proposed deed restriction language does not provide an impervious surface limit on the lots of this
subdivision.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org ;Vatura!!'ff
An Equal Opportunity 1 Affirmative Action Employer
Reece Diamond
DWQ# 08-1121 return letter
Page 2 of 2
Comment 3 of the DWQ's March 31, 2009 Request for More Information letter stated: "For Basins 3, 9, 10, 11
and 12, please explain the current and future uses of the areas that are not currently platted in lots. The
impervious surface calculations for these basins are currently based on these areas remaining as open space
permanently. If these undesignated areas are to be permanently protected as open space (with no additional
impervious surfaces to be added in the future), then please provide documentation of that intent."
No documentation of the intent to maintain these areas as open space has been provided.
4. The following information listed on the Required Items Checklist regarding the proposed Wet Detention Ponds
was omitted:
a. The plans of the entire site at the requested scale of 1" = 50'(rather than the 1" = 150' scale provided).
Please label the contour lines on the plan sheets so that the DWQ can verify the locations of the drainage
area boundaries.
b. Calculations for the storage volume discharge rate and the drawdown time to verify that the orifices have
been sized correctly.
c. Tables of elevations, areas, incremental volumes and accumulated volumes for the overall pond and for
the forebay to verify the volume provided.
d. Signed and notarized Operation and Maintenance Agreements.
e. A soils report that documents the level of the Seasonal High Water Table (SHWT) levels.
Therefore, your file is hereby considered returned and will not be reviewed until the Divisions earlier concerns are
addressed. Once you have collected sufficient information to have a complete application you will need to reapply for
Division approval. This includes submitting a complete application package with the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and any work
done within waters of the state would be a violation of North Carolina General Statuses and Administrative Code. In
addition, we are recommending enforcement for previous work done within waters of the state in accordance with the
Notice of Violation issued to you on February 8, 2008. Please call Sue Homewood at 336-771-4964 or
[e-mail] if you have any questions or concerns.
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Office
cc: John Thomas, USACE, Raleigh Regulatory Field Office (via email)
Mack Summey, Summey Engineering Assoc. (via email)
DWQ NPS Compliance and Assistance Oversight Unit (NOV-2008-OP-0008)
DWQ WSRO 401 files
DWQ 401/Wetlands Unit
Sincere y,