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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" MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED... ?oF ?'A ? Pq a1rAr• r Fmk.. {A«rs? Q' ?/ wl'u+.G R.xf Jr.tacra? [; ? bJ r.?ir. th,,ul.nti of T.Hmrwc-. mE vuw.l R:.rta ? v In W. AlrrY. F E larwav ? e A Uncw.d N's:n ?}.al.q 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 Fax To: -1-odd YT• 1n zn73 Fax 4: 6n- 4 ? Compan-v: Kimlecl . llin Date: 6, '5-05 N'wnbcr of pagrs Including cover sbeet: (L? Notes or special instructions: Col ttl' ?-t { 1 cct?A (/znit GU a f? -v r 5. 3 K 3 ti .c? c ? ?d>? . ss t_ ?a ?? 6 r I / ! tC /liLxcCEet ?OGRaLW / CI•U'T dwrv Qaa Yir, w?wrna erd $FXr•o2r araY I5?C MaI'Str.M CC.^/, MF•RA, `..nAC A,r 259919;0 lri! C?4+e'irvk.wk, iuX.3.`/I. 9a:c19A, 4+N [aroli?r ?'G01 rAetc: 919-r1??It95 ? FN( 9!9•t??6!?), Mwoc ?9T? T}4.4ir.:a:, ?c 9_ n.,. -k via?cr?y . ?1'a1uvLq N5q,.1Cy,.n.,.r?'M,?w?nr.••A.Xrn rmy?.?r-YM(R..FCIM IC'.4 hale rPaer ?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+