HomeMy WebLinkAbout20081155 Ver 1_Approval Letter_20080811
''~F W A TF9Q Michael F. Easley, Governor b[LGL G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
.=.1
Q Coleen H. Sullins, Director
Division of Water Quality
August 11, 2008
DWQ# 08-1155
Cabarrus County
Mr. Edwin Thomas
Merrifield Partners, Inc.
125 Scaleybark Rd.
Charlotte, NC 28209
Subject: Kellswater Commons Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Thomas:
You have our approval, in accordance the general certification and those conditions
listed below, to impact 702 linear feet (If) (178 If perennial; 524 If intermittent) of unnamed
tributaries to Irish Buffalo Creek in order to construct the subject development in Cabarrus
County, as described in your application received by the Division of Water Quality (DWQ) on
July 28, 2008. After reviewing your application, we have determined that this project is covered
by Water Quality General Certification Number 3705, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide
Permit Number 29/39 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. Us of riprap should be minimized, as much is practicable.
3. Prior to construction, 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
Mailing Address Phone (704) 663-1699 Location one
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 No hCarolina
l tumlly
Mooresville, NC 28115 Mooresville, North Carolina
Internet: www.ncwaterguality.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
or local governing authority) 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 delegated authority authority, copy of plan and approval letter submitted to DWQ).
You have the option of using the Express Review Program for expedited approval of these
plans. If you propose to use the Express Review Program, remember to include the
appropriate fee with the plan. The storm water management plan must include construction
plans, specifications, storm water BMP worksheets, and supporting calculations. 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 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 delegated authority) shall
be constructed and operational, and the storm water management plan (as approved by this
Office or local delegated 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.
4. 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.
5. 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 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.
6. Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Stream Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This
has been determined by the DWQ to be a suitable method to meet the mitigation requirement.
Until the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this Authorization Certificate shall
occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning
payment into a restoration fund. You have 60 days from the date of this approval to make this
payment:
Compensatory Mitigation River and Sub-basin
Required Number
Stream 300 feet Yadkin 03040105
Wetlands (acres)
Waters (acres)
7. 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.
8. 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.
9. 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.
10. 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 Division of Water
Quality.
11. Continuing Compliance. The applicant (Merrifield Partners, Edwin Thomas) 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 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.
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,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Cabarrus County, Development Services
Central Files
File Copy
Len Rindner
08-1155 `
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Merrifield Partners, has permission as outlined
below to impact 702 linear feet of stream in order to proceed with the development in Cabarrus
County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Kannapolis Parkway
COUNTY: Cabarrus
BASIN/SUBBASIN Yadkin (03040105)
Impacts:
178 linear feet of perennial of stream
524 linear feet of intermittent stream
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or
preservation of wetlands as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to the nearest foot and acreage requirements must be rounded to
one-quarter acre increments according to 15 2r .0503(b).
Mitigation:
178 Linear feet of stream
Mitigation:
178 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated July 31, 2008 the EEP indicated that up to 300 linear feet of stream
mitigation would be conducted by EEP if available within the cataloging unit. More may be
required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you
choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the
address listed below. An invoice for the appropriate amount of payment will be sent to you upon
receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
EEP.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1652 Mail Service Center
RALEIGH, N.C. 27669