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HomeMy WebLinkAbout20051881 Ver 5_DWQ Approval 10-19-05_20190301CERTIFIED MAIL: 7003 3110 0003 6489 8186 Return Receipt Requested Mr. Ken Lindholm Faith Properties 10410-50OG Park Road Charlotte, NC 28210 Michael F. Easley, Governur William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Lindholm: Alan W. Klimek, P.E. Director Division of Water Quality October 19, 2005 DWQ# 05-1881 Guilford County Faith Properties has our approval, in accordance with the attached conditions, to place permanent fill in 149 linear feet of perennial stream and to place temporary fill in 30 linear feet of perennial stream and 0.09 acre of wetlands in order to construct a road crossing and install a sanitary sewer line for the Piedmont Crossing (also known as Lilliefield Subdivision) single-family and multi -family residential subdivision located on Barrow Road, in High Point, Guilford County, as described in your application received by the Division of Water Quality (DWQ) on October 10, 2005. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3374 and 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. These Certifications allow you to use Nationwide Permit Numbers 12 and 39 respectively 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 Certifications. This approval is valid only -fn--r the p,,, -pose and design that you have described iii 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 these Certifications 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, 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 Certifications, 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 these Certifications are met. No other impacts, including incidental impacts, are approved: NoAhCarolina 'VatllC."Iff North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet htto//:h2o.enr.state.nc.us/ncwetlands Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Ken Lindholm Page 2, DWQ# 05-1881 October 19, 2005 2. A final, written stormwater management plan must be approved in writing by this Office before the impacts specified in this authorization occur, per condition No. 4 in General Certification 3402. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class WS -IV and designed to remove, at a minimum, 85% Total Suspended Solids according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any new permanent building is occupied at the subject site, the facilities (as approved by this Of_fi_Ce) 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. This stormwater management plan must be submitted to the Central Office of the Wetlands/401 Certification Unit in Raleigh within 60 days of receiving this letter. 3. The proposed project must comply with the local water supply ordinance approved by the N.C. Environmental Management Commission (EMC) as required under the Randleman Lake Water Supply Watershed Rule (Randleman Buffer Rule): 15A NCAC 02B .0250, Protection and Maintenance of Riparian Areas, and 15A NCAC 02B .0251, Stormwater Requirements. (Local Governments include Archdale, Greensboro, High Point, Randleman, Jamestown, Randolph County and Guilford County.). 4. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class WS -IV waters as described in 15A NCAC 02B.0216 Fresh Surface Water Quality Standards For Class WS -1V Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 5.- Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control measures in wetlands or waters is unavoidable, ,d Ir .,: SCANNED Date:�� -� Amount Approved Plan Location or Reference Streams 179 linear feet Unnamed tributaries to Oak Hollow Lake located near Barrow Road in High Point, Guilford County. Reference: "Overall Watershed Delineation Map for Lilliefield Subdivision". Headwater wetlands located near Barrow Road in High Point, Wetlands 0.09 acre Guilford County. Reference: "Overall Watershed Delineation Map for Lilliefield Subdivision". 2. A final, written stormwater management plan must be approved in writing by this Office before the impacts specified in this authorization occur, per condition No. 4 in General Certification 3402. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class WS -IV and designed to remove, at a minimum, 85% Total Suspended Solids according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any new permanent building is occupied at the subject site, the facilities (as approved by this Of_fi_Ce) 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. This stormwater management plan must be submitted to the Central Office of the Wetlands/401 Certification Unit in Raleigh within 60 days of receiving this letter. 3. The proposed project must comply with the local water supply ordinance approved by the N.C. Environmental Management Commission (EMC) as required under the Randleman Lake Water Supply Watershed Rule (Randleman Buffer Rule): 15A NCAC 02B .0250, Protection and Maintenance of Riparian Areas, and 15A NCAC 02B .0251, Stormwater Requirements. (Local Governments include Archdale, Greensboro, High Point, Randleman, Jamestown, Randolph County and Guilford County.). 4. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class WS -IV waters as described in 15A NCAC 02B.0216 Fresh Surface Water Quality Standards For Class WS -1V Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 5.- Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control measures in wetlands or waters is unavoidable, ,d Ir .,: SCANNED Date:�� -� Mr. Ken Lindholm Page 3, DWQ# 05-1881 October 19, 2005 they shall be removed and the natural grade restored within six months of the date that the project is completed or, if applicable, within six months of the date that the project is released by the North Carolina Division of Land Resources. 6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control "Best Management Practices" shall be performed so that no violations of state water quality standards, statutes, or rules occur. 7. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below the location of the culvert. The culvert shall be designed and installed to prevent head cutting of the stream. If the culvert becomes perched, the appropriate stream grade shall be re-established or, if the culvert is installed in a perched manner, the culvert shall be removed and re -installed correctly. The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert). 8. Where riprap is required for energy dissipation and scour protection, it shall be limited to the mini -muni dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream. 9. All construction activities associated with this project shall minimize built -upon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters ,rtil it has cuffed. if ally sto�i��water iiiiist be collected for discharge into a stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as sheet flow prior to entering the riparian buffer on either side of the stream. 10. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been finished. This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion form, please send photographs upstream and downstream of the culvert site and utility line crossing to document correct installation. 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 Page 4, DWQ# 05-1881 October 19, 2005 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771- 4600, extension 293, or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, Alan W. Klimek, P.E. AWK/cdl Attachments cc: Mr. Todd Tugwell, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy Mr. Wendell Overby, Soil &Environmental Consultants, PA, 236 LePhillip Court, Suite C, Concord, NC 28025