HomeMy WebLinkAbout20011511 Ver 2_Approval Letter_20071106O~O~ W A T ~RQG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 6, 2007
DWQ# 01-1511V2
Mecklenburg County
Mr. John Shaefer
Beltway Properties, LLC
9450 W. Byrn Mawr, Ste. 150
Rosemont, IL 60018
Subject: Beltway Business Park
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shaefer:
You have our approval, in accordance with the attached conditions and those listed below, to
impact an additional 0.32 acre of wetland in order to construct the business park in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on October
15, 2007. After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3631, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands/regcert.html). 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:
1. 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.
None Carolina
Aurally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: ncwaterqulaity.org FAX (704) 663-6040 1-877-623-6748
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3. 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.
4. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local governing authority (copy of
approval and plan submitted)) within 60 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by this Office (or
local governing authority) before the impacts specified in this Certification occur. These facilities
must be designed to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality. Also, before any permanent building is occupied at the subject
site, the facilities (as approved by this Office or local authority) shall be constructed and
operational, and the storm water management plan (as approved by this Office or local authority)
shall be implemented. The structural storm water practices as approved by this Office 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 the Division of Water Quality.
5. 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.
6. 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.
7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401NVetlands Unit of the NC Division of Water Quality.
8. Continuing Compliance. The applicant (Beltway Properties, LLC) 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
2H.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 1506 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 the Division of Water Quality 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.
Sincerely,
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for Coleen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Chris Estes, Estes Design
Central Files
File Copy