HomeMy WebLinkAbout20081466 Ver 1_Approval Letter_20081106O?O? \ NA
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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, 2008
DWQ# 08-1466
Mecklenburg County
Mr. Barry James
Corporate Center, L.P.
& Huntersville Town Center
3700 Arco Corporate Dr., Ste. 350
Charlotte, NC 28273
Subject: Hambright Road Extension, Bryton Town Center (DWQ #07-0191)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. James.-
You have our approval, in accordance with the attached conditions and those
listed below, to impact 290 linear feet (If) of unnamed stream of Cane Creek in order to
construct the Hambright Rd. Extension in Mecklenburg County, as described in your
application received by the Division of Water Quality (DWQ) on September 25, 2008
and additional information on November 6, 2008. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification
Number 3704, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use
Nationwide Permit Number 14 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.
Mailing Address Phone (704) 663-1699 Location one
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 NottlaCarolina
Mooresville, NC 28115 Mooresville, North Carolina ' y
Internet: www.newatergualitv.ora Customer Service 1-877-623-6748
An Eoual Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
2. 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 the location of the 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.
3. 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.
4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place at the time
of recording of the property, or of individual lots, whichever is appropriate. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
5. 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 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)
715-0476 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. For accounting
purposes, this Authorization Certificate authorizes payment into the restoration fund to
meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 290 (feet) Yadkin (3040105)
Wetlands (acres)
Waters (acres)
6. 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 the DWQ.
7. 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.
8. Storm water runoff from the constructed road shall be included in the storm
water management plan for the entire site. 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) 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 approved delegated authority) before the impacts
specified in this Certification occur. 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 (or local delegated
authority). Also, before any permanent building is occupied at the subject site, the
facilities shall be constructed and operational, and the storm water management
plan shall be implemented. The structural storm water practices as approved 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.
9. Sediment and erosion control measures shall not be placed in wetlands or waters
without prior approval from DWQ. If approved, they shall be removed and the natural
grade restored within two months of the date of the close out/stabilization of the given
drainage area.
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 (Corporate Center, L.P. & Huntersville Town
Center, Barry James ) 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 21-1.0503, 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 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.
S' cerely,
6 ?-?
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Chris Matthews HDR Engineering, 128 S. Tryon St. Ste. 1400 Charlotte 28202
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
08-1466
In accordance with 15A NCAC 2 H .0500, Corporate Center L.P. & Huntersville Town
Center, (Barry James) has permission as outlined below to impact 219 linear feet of stream in
order to proceed with the development in Mecklenburg 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:
COUNTY:
BASIN/SUBBASIN
Impacts:
290 linear feet of stream
Hwy 115/Everett Keith Rd.
Mecklenburg
Yadkin (03040105)
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:
290 Linear feet of stream
Mitigation:
290 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated May 29, 2008 the EEP indicated that up to 600 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. 27669-1652