20100617 Ver 1_Approval Letter_20101115

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Mr. Trey Morgan
Denver I Realty, LLC
13024 Ballantyne Corporate PI., Ste. 250
Charlotte, NC 28277
Subject: Walgreens Store #13036
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Morgan:
Dee Freeman
Secretary
November 15, 2010
DWQ# 10-0617
Mecklenburg County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 145 linear feet (If) of unnamed stream to Forney Creek in order to construct the Walgreens Store
Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on
August 9th, 2010 and subsequent stormwater information. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3821, which can be
viewed on our web site at http://Portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to
use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
The above noted Certification will expire when the associated 404 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. 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 the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
3. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed
benches) above and below locations of each culvert. If any of the existing pipes are or become
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 f?
Internet: http://portal.ncdenr.org/web/wq ?aturallry
An Equal Opportunitv/Affirmative Action Emolover - 50% Recvcled/10% Post Consumer Paoer
perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched
manner, the pipes shall be removed and re-installed correctly.
4. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
streambed, unless approved by DWQ.
5. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
6. A final, written storm water management plan shall be submitted to the 401 Oversight and Express
Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) or approved delegated authority
within 60 days of the issuance of the 401 Water Quality Certification. The storm water management plan
shall be approved in writing by this Office or delegated authority before the impacts specified in this
Certification occurs. Plans submitted to DWQ for approval shall include full size grading and drainage
plans, BMP sizing information, delineated drainage areas, surface area sizing data, design calculations,
plan sheets w/planting plans, and a signed/notarized Operation and Maintenance agreement(s). The storm
water best management practices are required to be appropriate for the surface water classification and
designed to remove at least 85% TSS according to the most recent version of the NC DENR Storm water
Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire
project, unless otherwise explicitly approved by DWQ. Also, before any permanent building is occupied
at the subject site, the storm water management plan shall be implemented and the facilities shall
be constructed and operational. The approved structural storm water practices as well as drainage
patterns must be maintained in perpetuity. No changes to the structural storm water practices shall be
made without written authorization from DWQ.
7. 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 Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
8. 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 devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC DWQ.
10. Continuing Compliance. The applicant (Denver I Realty, Trey Morgan) shall conduct all activities in a manner
so as not.to contravene any state water quality standard (including any requirements for compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If
DWQ determines that such standards or laws are not being met (including the failure to sustain a designated
or achieved use) or that state or federal law is being violated, or that further conditions are necessary to
assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to the applicant in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
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 that conforms to Chapter 1508 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.
This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi
Karoly in the Central Office in Raleigh 919-733-9721.
Sirs ely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Marc Romulus, Landquest Ventures, 300 Holmes Blvd., Yorktown, VA, 23692