20081155 Ver 2_Stormwater Approval_20090724

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 24, 2009
DWQ EXP # 08-1155v2
Cabarrus County
Mr. James Merrifield
Merrifield Partners, LLC
125 Scaleybark Rd.
Charlotte, NC 28209
Subject Property: Kellswater Commons Development
APPROVAL OF STORMWATER MANAGEMENT PLAN (SMP)
Dear Mr. Merrifield:
On August 11, 2008, the Division of Water Quality (DWQ) issued a 401 Water Quality Certification to
Mr. Edwin Thomas and Merrifield Partners, Inc. to place fill within or otherwise impact 702 linear feet of
unnamed tributaries to Irish Buffalo Creek for the purpose of constructing the subject development in
Cabarrus County.
On July 22, 2009, the 401 Oversight/Express Review Permitting Unit of the Division of Water Quality
(DWQ) received your stormwater management plan (SMP) application dated July 20, 2009, along with
supporting information including stormwater management plan sheets dated July 22, 2009 (Engineer's
Seal), design calculations and operation and maintenance (O & M) agreements from Mr. Adam Nowocin,
PE of N-Focus Design, Inc. for the purpose of meeting Condition 3 of the 401 Certification for this
project. On July 24, 2009, the DWQ received additional information including revised SMP dated July
23, 2009 and O &M agreements. After careful reviewing the information, the DWQ approves the revised
SMP to satisfy the stormwater condition required by the Water Quality Certification. You are required to
meet the following conditions:
The stormwater management system consisting of three (3) wet detention ponds and all
associated appurtenances, stormwater conveyances, and the grading and drainage patterns
depicted on the plans dated July 23, 2009, 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 and at least a 10-foot drainage easement on each side to allow for the
ability to maintain the structures, and to perform corrective actions.. The stormwater easements
shall be recorded to provide protection of the structures from potential alterations by future
property owners.
2. Stormwater inlet pipes to ponds 2 and 3 shall be installed such that they discharge directly into
their respective forebays to prevent short circuiting of flows. At the time of this approval, the
storm drain layouts for drainage areas 2 and 3 have not been completed.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
North Carolina
,Vatumljl r
An Equal Opportunity 1 Affirmative Action Employer
Kellswater Commons Development
James Merrifield
Page 2 of 2
July 24, 2009
You must submit three (3) copies of an executed Declaration of Deed Restrictions and Protective
Covenants within thirty (30) days of recording with the Register of Deeds, Cabarrus County,
North Carolina. The recorded deed shall include the language in the DWQ 401/Express
Permitting Unit's Sample DEED RESTRICTIONS AND PROTECTIVE COVENANTS signed
and notarized on July 20, 2009 and received with your application on July 22, 2009. These shall
include, but not limited to, the maximum built upon areas of 70%, 75% and 70% for any
development on any lot or parcel of land in drainage areas 1, 2 and 3 respectively, draining to the
stormwater best management practices (BMPs).
4. All operation and maintenance activities shall be followed as stipulated in the Operation and
Maintenance Agreements signed and notarized on July 20, 2009 received in our office on July 24,
2009.
5. Notification of Construction: The applicant and/or authorized agent shall contact the DWQ
Express Review Program in writing at the letterhead address within ten (10) days of the
commencement of construction.
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 Joseph Gyamfi or Lia M. Gilleski at
919-733-1786.
Sincerely,
2
Cyndi Karoly, Supervisor
401 Oversight/Express Review Program
CBK/jg
cc: File copy
USACE Asheville Regulatory Field Office
Alan Johnson, DWQ Mooresville Regional Office
Adam M. Nowocin, PE, N-Focus Design, Inc., 5405 Kellswater Bridge Boulevard, Kannapolis,
NC 28081