HomeMy WebLinkAbout20050300 Ver 2_Misc Documents_20050216May 22, 2006
Attention: Alan W. Klimek, P.E. Director
OR: To Whom It May Concern
Division of Water Quality
2321 Crabtree Boulevard Suite 250
Raleigh, NC 27604
Re: DWQ Project # 00-1489
Plantation Point - Wake County
Dear Mr. Klimek:
(Or To Whom It May Concern:)
This letter is sent to notify you pursuant to the storm water management approval dated
September 12, 2005, of construction of storm water infrastructure located at the southeastern end
of the Plantation Point project.
Please feel free to contact our Site Superintendent, Roy Parker Jr. at (919) 790-2926 with any
questions.
Thanks,
3ason Norris
Project Manager
WHITE-SPUNNER
CONTRACTORS & CONSTRUCTION MANAGERS
Cyndi Karoly
401 OversightiExpress Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
July 24, 2006
RE: Copy of Attached Notification Letter
Dear Ms. Karoly:
CONSTRUCTION, INC.
2654 Cameron Street
P. O. Box 7986
Mobile, AL 36670
Telephone: (251) 471-5189
Fax: (251) 478-3962
In response to your recent letter, I am attaching a letter that I sent to Mr. Klimek on May
22, 2006 from Mr. Norris. I regret I did not send this certified mail. Also, I sent it to the
attention of Mr. Klimek as he was the individual our office had communicated with in previous
correspondence, however; I wasn't absolutely certain he was the correct contact.
Please let me know for the future, whether I should send our correspondence to Mr.
Klimek or to you. I am the administrative assistant on-site and I definitely want to execute
things properly from our office. Thank you very much for your assistance.
Sincerely,
enny Metzger
cc: Roy Parker, Jr.
` J
JUL 2 6 '1006
DENR - WATER QUtaL111
V,FWyOS M0 STC-?!d %'ATM 5[V6 Vi
VJATF9Q Michael F. Easley, Governor
`O G William G. Ross Jr., Secretary
6 r North Carolina Department of Environment and Natural Resources
DW.--H
- " --' Alan W. Klimek, P.E. Director
Division of Water Quality
July 17, 2006
DWQ EXP No. 05-0300
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED O MQD?Im g y m
Cypress Equities, LLC D
JUL 2 1 2006
Attn: Mr. John Farrow
15601 Dallas Parkway, Suite 400
Addison, TX 75001
Subject Property: Ruritania Street Extension
EXPRESS REVIEIV PROGRA,11 NOT IFICATION
Dear Mr. Farrow:
On September 12, 2005, the Division of Water Quality (DWQ) issued your Water Quality Certification to construct
the proposed street extension. Within the Water Quality Certification that you received there is a condition that
reads:
Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the
letterhead address within 10 days of the commencement of construction.
This is a part of the Express Review Program that is required to ensure compliance during construction and post
construction. Therefore, if you have begun construction of your project, you are required to notify this office in
writing by July 26, 2006. If you do not notify this office in writing and construction has started, you are in violation
of the Water Quality Certification Rules as required by 15A NCAC 2H .0507(c).
This letter is to notify you and make you aware of this new condition that has been written into the Water Quality
Certifications issued within the Express Review Program. Please call Lia Myott at (919) 733-9502 if you have any
questions regarding this matter.
Sincerely,
Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/lenr
cc: Ms. Beth Reed, Kimley-Horn & Associates, 3001 Weston Pkvvy, Cary, NC 27513-3068
USACE, Raleigh Office
DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 050300RuritaniaStExt(Wak-e)EXP+NOT
401 Oversight / Express Review Permitting Unit t
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1756 / FAX 919-733-6893 / Internet: 111112:02o cncstnie nc u5'ncwetlands
NorthCarolina
AWIII
An Equal Opportunity/Affimrative Action Employer - 50% Recycled/10% Post Consumer Paper
?OF W ATFRq Michael F. Easley, Governor
\O G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
> y
.? Alan W. Klimek, P.E. Director
Division of Water Quality
July 17, 2006
DWQ EXP No. 05-0300
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cypress Equities, LLC
Attn: Mr. John Farrow
15601 Dallas Parkway, Suite 400
Addison, TX 75001
Subject Property: Ruritania Street Extension
EXPRESS REVIEW PROGRAM NOTIFICATION
Dear Mr. Farrow:
On September 12, 2005, the Division of Water Quality (DWQ) issued your Water Quality Certification to construct
the proposed street extension. Within the Water Quality Certification that you received there is a condition that
reads:
Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the
letterhead address within 10 days of the commencement of construction.
This is a part of the Express Review Program that is required to ensure compliance during construction and post
construction. Therefore, if you have begun construction of your project, you are required to notify this office in
writing by July 26, 2006. If you do not notify this office in writing and construction has started, you are in violation
of the Water Quality Certification Rules as required by 15A NCAC 2H .0507(c).
This letter is to notify you and make you aware of this new condition that has been written into the Water Quality
Certifications issued within the Express Review Program. Please call Lia Myott at (919) 733-9502 if you have any
questions regarding this matter.
Sincerely,
4--? ??4
Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/lenr
cc: Ms. Beth Reed, Kimley-Horn & Associates, 3001 Weston Pkwy, Cary, NC 27513-3068
USACE, Raleigh Office
DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 050300RuritaniaStExt(Wake)EXP+NOT
One Carolina
401 Oversight / Express Review Permitting Unit t ,/?lltllCll!!f
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httn://h2o.enr.state.ne.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Kimley-Horn
and Associates, Inc.
August 29, 2005
North Carolina Department of Environment and Natural Resources
Division of Water Quality
401 Wetlands Unit
Attn: John Dorney
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Re: DWQ #05-0300 Ruritania Street Extension
Minor Modification Request
Raleigh, Wake County, North Carolina
Dear Mr. Dorney:
Per our conversation today, we are requesting on behalf of Cypress Equities that the
401 Water Quality Certification issued August 4, 2005 be modified to allow
payment of the compensatory mitigation to the EEP to occur prior to impacts to
streams and buffers. Currently, Condition 2 stipulates a one month period from the
date of issuance to make the payment. We are requesting that the last sentence of
that condition be removed which would require Cypress to make the payment prior
to impacts to the streams or buffers.
If there is any additional information you need or any way we can assist in
expediting the processing of this application, please do not hesitate to contact me at
(919) 653-2950.
Very truly yours,
K/I`MLLE.Y-IO N I'ND ASSOCIATES, INC.
v
d
odd St. John, .E.
Copy: Jeff Wing, KHA
Pete Sell, Cypress Equities
Mark Rone, Cypress Equities
AUG 3 0 2005
DENR - WATER QUALITY
MT bws AND STORMWATER BRANCH
P.O. Box 33068
Raleigh, North Carolina
27636.3068
TEL 919 677 2000
FAX 919 677 2050
31'2005 11:44 9196772050 E14V
KimleyHorn
and Associates, Inc.
August 29, 2005
North Carolina Department of Environment and Natural Resources
Division of Water Quality
401 Wetlands Unit
Attn: John Domey
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Re: DWQ #05-0300 Ruritania Street Extension
Minor Modification Request
Raleigh, Wake County, North Carolina
Dear Mr. Domey:
Per our conversation today, we are requesting on behalf of Cypress Equities that the
401 Water Quality Certification issued August 4, 2005 be modified to allow
payment of the compensatory mitigation to the EEP to occur prior to impacts to
streams and buffers. Currently, Condition 2 stipulates a one month period from the
date of issuance to make the payment. We are requesting that the last sentence of
that condition be removed which would require Cypress to make the payment prior
to impacts to the streams or buffers.
If there is any additional information you need or any way we can assist in
expediting the processing of this application, please do not hesitate to contact me at
(919) 653-2950.
very truly yyours,
KIML ? Y! 40 N. D ASSOCIATES, INC.
Dodd St. John, .E.
Copy: Jcff Wing, KHA
Pete Sell, Cypress Equities
Mark Rone, Cypress Equities
a
T'd 9196n2)00
FAX 918 017 2]50
? l
Y3492 P.001/001
a
P.O.9ox 33068
Raloiab, fjwt CmrOla
27830.3038
AUG-31-2005 WED 10:07 TEL:9197336393 HAME:DWQ-WETLANDS P. 1
Ruritania Street Extension
Page 3 of 5
September 12, 2005
the North Carolina Sediment and Erosion Control Planning and Design
Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment,control measures must be
designed, installed, operated, and maintained in accordance with the most recent
version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
4. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the wetland or water prior to any land disturbing activities to ensure
compliance with GC 3402.
5. Diffuse Flow Measures
All stormwater runoff on this project shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0233(5).
In an effort to comply with the diffuse flow provision of the Buffer Rule [I 5A NCAC
02B .0233(5)], you have provided the Division with level spreader designs submitted
with the PCN Application dated August 1, 2005. The Division believes that if
implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow
as per 15A NCAC 02B .0233(5) is not achieved, then the Division shall be notified and
corrective actions to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies. At no time shall stormwater from the proposed
development be piped directly through the buffer without prior written authorization from
the Division.
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.
Stormwater easements shall be recorded for a distance of at least 10 feet on each side of
all stormwater conveyances and on all lots containing these structures including future
access for maintenance. The stormwater easements shall allow for the ability to maintain
the structures, perform corrective actions as described above and shall provide protection
of the structures from potential alternations by future property owners.
6 Construction Storrnnvater Permit NCG010000
Ruritania Street Extension
Page 5 of 5
September 12, 2005
impacts or to conduct impacts to waters as depicted in your application, and as authorized by this
Certification, shall expire upon expiration of the 404 Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under §401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly at 919-733-9721 or Cynthia F.
Van Der Wiele at 919-715-3473 in the Central Office in Raleigh.
AWK/cbk/cvdw
Enclosures: GC 3404
Certificate of Completion
NCEEP Notification
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Beth Reed, Kimley-Horn & Assoc., 3001 Weston Pkwy., Cary, NC 27513
Filename: 050300RuritaniaStExt (Wake)EXP+401NBR EEP
SENDING CONFIRMATION
DATE AUG-5-2005 FRI 10:28
NAME DWQ-WETLANDS
TEL 9197336893
PHONE : 96772023
PAGES : 14/14
START TIME : AUG-05 10:22
ELAPSED TIME : 05103"
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Division of Water Quality
Department of Environmental and Natural Resources
401 Oversigh"xpress Review, Prugratu Development and
Transportation Permitting Units
Street Address: 2321 Crabtne Boulevard, Suite 250
Ralc;A NC 27604-2,260
Mailing Address V60 Mail Scrvice Center
Raleigh, NC 27699-1650
Cunt-1Inrornst ion: Phonett: 919.733-1786
Fax q: 919 733-6893
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?OF WATF90 Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
Fax To: f/oCIO, Fax #: ? 77-
Company: Kllyllebl. Date:
Number of pages including cover sheet:
Notes or special instructions:
J L'
-i-?/l,l? r.,?.-, i/? 1. ??.:;; ,f` !lJ :-;C? ?? ?t:v??---W•
`U
Division of Water Quality, Wetlands and Stormwatcr Branch
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: h?J/h2o.enr.state.ne.us/ncwetlands
Nonj-ettiCarolma
?atur?ll?
An Equal Opportunity/Aflinnative Action Employer- 50% Recycled/l0°9 Post Consumer Paper
AUG.0512005 10:20 9196772050 ENV »3452 P.002/002
LEVEL SPREADER OPERATION AND MAINTENANCE AGREEMENT
The level spr ader is defined as an elongated, level threshold, designed to diffuse stormwater runoff.
RUG.05'2005 10:20 9196772050 EIdV --2452 P.001/002
orth
Raleigh, Box 33063
KlmleyHOm P.O.
.O North Carolina
and Assodat%, Inc. 27636-3066
TEL 919 677 2000
FAX 919 677 2050
Fax Transmittal
vq3
To: to a l F No.: 73-3 -6u
Firm/Location, Job No.: S - Q
From: '-"- r r) f 1 Job Name:
V'„?Yll? ?u ?1 ?t-i?) ?{ G?
Original coming by mail: Ycs ? No ?
if you have any problems, please call 919-677-2000 and ask far:
Total number of pages, including cover sheet: 2
Cotrtments:
77, is facsimile is intended for the addressee named herein and may contain information that is confidential. If you
are not the intended reelptent or the cmp!oyee or agent responsible for delivery to the addressee. you are hereby
notifred :hat any review, dissemination, disclosure, oreopyirg of this communication is strictly prohibited. If you
have received ildsfacsimile in error, please immediately not fy us by telephone, and return the original facsimile
to us at the address above via the U.S. Postal Service. Thank you.
AUG-5-2005 FRI 08:44 TEL:9197336893 NAME:DWQ-WETLANDS P
LEVEL SPREADER OPERATION AND MAINTENANCE AGREEMENT
The level spreader is defined as an elongated, level threshold, designed to diffuse stormwater runoff.
Maintenance activities shall be performed as follows:
1. After construction and until vegetation has been established, level spreader(s) shall be inspected after
every rainfall. Thereafter, level spreader(s) shall be inspected at least every month and more
frequently during the fall season and after heavy rainfall events:
a. Accumulated sediment, leaves, and trash shall be removed, and repairs made if required.
b. Inspect level spreader(s) for evidence of scour, undercutting, settlement of the structure, and
concentrated flows downhill from the level spreader(s).
c. A level elevation shall be maintained across the entire flow-spreading structure at all times.
Repair or replace the level spreader if it is damaged.
d. Mow vegetative cover to a height of six (6) inches and prune plants if they cover over half of the
level spreader surface.
e. Repair eroded areas and replace/replant dead or damaged vegetation.
2. The contractor should avoid the placement of any material on and prevent construction traffic across
the structure. If the measure is damaged by construction traffic, it shall be repaired immediately.
3. Inspect and repair the collection system (e.g., catch basins, pipes, swales, riprap) four (4) times a year
to maintain proper functioning.
Prior to the Ruritania Street and Sumner Boulevard Rights of Way dedication to the City of Raleigh, I acknowledge
and agree by my signature below that I am responsible for the performance of the maintenance
procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to
the system or responsible party.
Print name: Peter Sell
Title: Assistant Project Manager
Address: 15601 N. Dallas Parkway, Suite 400 Addison, Texas 75001
Phone: 972-361-5164
Signature
0.1
Date: August 4, 2005
Note: The legally responsible party should not be a homeowners association unless more than 50% of the
lots haveZbee, nsold and /a resident of the subdivision has been named the president.
I,? JL c _-U A- U, a Notary Publics for the State of
County of-Da 01 Q S , do ereby certify Xhat
personally appeared before me this day of rh'?C L(? i 1 S, and acknowledge the due
? J
execution of the foing wet [wet an ] deteption ba fP maintenance requirements. Witness my hand and
official seal,
JULIE A. SCHREIBER
4 Notary Pudic, S.'4 d Tc?cas
my cwvmew MAY 15, 2008
SEAL
My commission expires ?J
Page 1 of 1
00
U-P-r 1 ks+
A-0 MA?P,
LA- r CXJYlV-L0k--
C1press Equities Inc. I Pre Dei?elopment
3
i?
DATE INVOICE NO DESCRIPTION ACCOUNT INVOICE AMOUNT
7-14-05 71405 Express Review 11100 4000.00
o 3 o
DATEK 7-14-05 CHECK
NUMBER
650
TOTAL, 4000.00
rLCF1JC UC I AUM ANU Kt I AIN FUR YUUK KECORDS
+1J+