HomeMy WebLinkAbout20091155 Ver 1_Approval Letter_20091110NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
John D. Birmingham
3636 Green Farm Lane
Wake Forest NC 27587
Subject: Birmingham Parcel, Tax ID #03512116
APPROVAL of Isolated Wetlands Permit with Additional Conditions
Dear Mr. Birmingham:
November 10, 2009
DWQ# 09-1155
Mecklenburg County
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.275
acre of isolated wetland in Mecklenburg County, as described in your application received by the Division of
Water Quality on October 28, 2009. 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.
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
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. 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/ncwetiands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
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. Prior to construction of any buildings/facilities, a final written storm water management plan (including
a signed and notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NOrthCarollna
Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 a ????y??ll
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Internet: www.ncwatergualitV.org ?/ ?? `
and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local governing
authority) . The storm water management plans shall be approved in writing by this Office (or local
delegated 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.
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 401/Wetlands Unit of the NC Division of Water Quality.
8. Continuing Compliance. The applicant (John D Birmingham) 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,
9
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Chris Estes, Estes Design