HomeMy WebLinkAbout20150577 Ver 1_Approval Letter_20150622_440-TA J/
NCbENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
June 22, 2015
DWR# 15 -0577
Mecklenburg County
Mr. Gene Cocchi
HAG RE CDT, LLC
6000 Monroe Rd. Ste 100
Charlotte, NC 28212
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
HBM Hendrick BMW
Dear Mr. Cocchi:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated June 8, 2015, and received by the Division of
Water Resources (the Division) on June 11, 2015. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3883 & 3890 which can be viewed
on our web site at htto.Hr)ortal.ncdenr.ora /web /wo /swr)/ws /401. The General Certification allows you to use
Nationwide Permit Number 3 & 39 once they are issued to you by the U.S. Army Corps of Engineers (COE).
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 Certifications will expire when the associated 404 permits expire unless otherwise
specified in the General Certification It is advised that all conditions of the Certification are reviewed prior to
initiation of the project. In addition to the requirements of the Certification, you must also comply with the
following conditions:
1. 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. 15A
NCAC 02H .0506 and 15A NCAC 02H .0507(c)
2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced. 15A NCAC 02H.0502 (e)]
3. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream (NW 39) 0 linear ft. 175 linear ft.
Stream (NW 3) 0 linear ft. 685 linear ft.
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: 704 - 663 -1699\ Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper
DWR# 15 -0577
4. A final, written storm water management is required per condition #12 of the General
Certification. Exemption from delegated authority does not meet this requirement. 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. No changes to the structural
storm water practices shall be made without written authorization from the Division or local delegated
authority.
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)
6. The permittee shall report any violations of this Certification to the Division of Water Resources within
24 hours of discovery. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by
filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby
known as OAH) A petition form may be obtained from the OAH at htto: / /www.ncoah.com /or by calling the
OAH Clerk's Office at (919) 431 -3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state
holidays).
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1) copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
(UPS, FedEx, etc.)
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
- . One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review by the Division 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. Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Jennifer Robertson, (email)
MRO, Land Quality