20110737 Ver 1_Approval Letter_20111004

A _
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
October 4, 2011
Mr. Tom Furlong
Andale Data Center
1601 S. California Avenue
Palo Alto, CA 94304
Subject: 401 Water Quality Certification - Approval
Stormwater Management Plan - Approval
Andale Data Center
DWQ Project # 11-0737
Rutherford County
BRD02 / Second Broad River / 9-41-(12.7) / WS-V
Dear Mr. Furlong:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 148 feet of streams for the purpose of
industrial development at the subject property. Included in the project is stream restoration work re-establishing
1,451 feet of previously piped stream channels. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
This approval also includes approval of the Stormwater Management Plan.
Project impacts are covered by General Water Quality Certification Numbers 3821 and 3689. These
Certifications allow you to use Nationwide Permits 27 and 39 when issued by the US Army Corps of Engineers
(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application and as authorized by this Certification shall expire upon expiration of the corresponding
USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control and water supply watershed regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]\ FAX: [phone] t Customer Service 1-877-623-6748
Internet: www.ncwaterquality.org
An FmiA Onnnrtimity Affirmative Artinn F-Invar
North Carolina
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Tom Furlong
October 4, 2011
Page 2 of 3
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 148 (feet) Culvert installation
Stream 1,451 (feet) Channel re-establishment
Additional Conditions
1. Stream Restoration Monitoring
Provide data as described in the Long Term Monitoring Proposal included in the McGill Associates
additional information package dated September 19, 2011.
Stormwater Management Plan Conditions:
1. The stormwater management system (consisting of 5 wet detention ponds and 1 bioretention basin,
and all associated appurtenances), all stormwater conveyances, and the grading and drainage patterns
depicted on the plans, as approved by this office must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization from the Division of
Water Quality. The stormwater management structures shall have maintenance access for the ability
to maintain the structures, and to perform corrective actions.
2. The stormwater easements shall be recorded to provide protection of the structures from potential
alterations by future property owners. Documentation of the easements shall be made within 6
months of completion of the stormwater management system. The Asheville Regional Office -
Surface Water Protection Section shall be notified after completion of the easement documentation.
3. Operation and Maintenance (O&M) Agreements shall be signed and notarized within 6 months after
completion of the stormwater management system. However, Andale Data Center representatives
must comply with the requirements of the O&M Agreements immediately upon completion of the
stormwater management system. Copies of the signed and notarized O&M Agreements shall be
submitted to the Asheville Regional Office - Surface Water Protection Section.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
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.
Tom Furlong
October 4, 2011
Page 3 of 3
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHS/cbc
Enc: GC3821 and GC3689
Certificate of Completion
Stormwater Management System Plans
cc: USACE Asheville Regulatory Field Office
WBSCP Unit
File Copy
Shad Walters - McGill (e-copy)
S:\S WP\Rutherford\401 s\Non-DOT\Andale\APRVL.10.3.1 l .doc