19970579 Ver 1_Approval Letter_19970730

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A LT"NXA
C) EHNR
July 30, 1997
Mecklenburg County
DWQ Project # 970579
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Steve Hoots
Childress Klein Properties
2800 One First Union Center
Charlotte, NC 28202
Dear Mr. Hoots:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.402 acres of wetlands or waters for the purpose of constructing a commercial development at
Lakepointe Corporate Center, as you described in your application dated 13 June 1997. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification Number
3108. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of
Engineers. In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404
or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except
as modified below. If you change your project, you must notify us and you may be required to send us a
new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with
remaining jurisdictional wetlands and waters to prevent future fill. These mechanisms shall be put in place
within 30 days of the date of this letter. An additional condition is that a final, written stormwater plan
including wet detention basins must be approved by DWQ before wetland (or stream) impacts occur. If
stream or wetland impacts are reduced below DWQ's regulatory thresholds, DWQ must be notified in
writing.
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
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 John Dorney at 919-733-1786.
Attachment
S' ely,
RJr. PM
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Bradley Bennett
Central Files
Chris Huysman; Soil and Environmental Consultants
970579.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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