HomeMy WebLinkAbout20200009 Ver 1_Approval Letter_20200218ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 18, 2020
DW R# 20-0009
Mecklenburg County
Mr. Mike Boyle
The Parking Spot
200 West Monroe Street, Ste. 1500
Chicago, IL 60606
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
The Parking Spot
Dear Mr. Boyle:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated December
18, 2019, and received by the Division of Water Resources (the Division) on December
30, 2019, and subsequent information on January 2, 2020. After reviewing your
application, we have determined that this project is covered by Water Quality General
Certification Number 4139 which can be viewed on our web site at
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-
branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters-program 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 (COE). 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. It is advised that all conditions
of the Certification are reviewed prior to initiation of the project. In addition to the
requirements of the Certification, you must also comply with the following conditions:
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 total
wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 300 linear feet, compensatory
mitigation may be required. 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. 15A NCAC 02H .0506 and 15A NCAC 02H .0507
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
o•o• ° •m" E""w-WQ° 704.663.1699
2. The Mooresville Regional Office shall be notified in writing once construction at
the approved impact areas has commenced. 15A NCAC 02H .0502 (e)
3. Approved Impacts:
Type of Impact
Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream
0 linear ft.
356 linear ft.
(148 If previous impact)
Wetland
0 acre
0 acre
4. Diversion ditches and other storm water conveyances as related to the sediment
and erosion control measures shall be matted and/or stabilized to reduce sediment
loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A
NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 50 feet of surface waters
shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Water Quality/Stormwater: The existing structure shall be maintained. Please
provide documentation showing that water quality from the development will not
be impaired. A storm water management plan in lieu of such documentation is
acceptable if approved by a delegated or state authority. 15A NCAC 2H .1000
7. Stormwater discharge structures are resulting in scouring/erosion at this site.
Measure shall be taken to remediate the issue and they shall be
constructed/maintained in a manner such that the receiving stream will not be
impacted due to sediment accumulations, scouring or erosion of the stream banks.
15A NCAC 02H .0506(b)(5)
8. Use of native vegetation and other soft stream bank stabilization techniques is
recommended 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 DWR
9. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as
specified in the table below. The Division has received notification/acceptance from
the Division of Mitigation Services (DMS) to meet this mitigation requirement. Until
the DMS receives and clears your payment, and proof of payment has been
provided to this Office, no impacts specified in this Authorization Certificate shall
occur. For accounting purposes, this Certification authorizes payment to meet the
following compensatory mitigation requirement:
Compensatory
River and Sub -basin
Mitigation Required
Number
Stream
Catawba (03050101)
356 (feet)
1:1 ratio
10. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water
Quality Certification means that DWR has determined that the proposed activity
will not remove or degrade significant existing uses of the surface water . The
issuance does not represent an approval of credit yield for the project. (15A
NCAC 2H .0506(a))
11. During the construction of the project, no staging of equipment of any kind is
permitted in waters of the U.S., or protected riparian buffers. 15A NCAC
02H .0506(b)(3)
12. No rock, sand or other materials shall be dredged from the stream channel except
where authorized by this Certification. 15A NCAC 02H.0506(b)(3)
13. The permittee shall report to the Mooresville Regional Office any noncompliance
with this certification, any violation of stream or wetland standards [including but
not limited to sediment impacts, and any violation of state regulated riparian
buffer rules. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the applicant became aware
of the circumstances. A written submission shall also be provided within 5
business days of the time the applicant becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is
expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case -by -case basis. 15A NCAC 02B .0200
14. The Permittee shall ensure that the final design drawings adhere to the permit
and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and
15A NCAC 02H .0506 (b)(2) and (c)(2)
15. Upon completion of the project, the applicant shall complete and return a
"Certificate of Completion" form to the 401/Wetlands Branch of the Division using
the following link: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A
NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General
Statute 150B by filing a written petition for an administrative hearing to the Office of the
Administrative Hearings (hereby known as OAH). A petition form may be obtained from
the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-
3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed
with the OAH. A petition is considered filed when the original and one (1) copy along
with any applicable OAH filing fee is received in the OAH during normal office hours
(Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (919) 431-3100, provided the original
and one (1) copy of the petition along with any applicable OAH filing fee is received by
the OAH within five (5) business days following the faxed transmission. Mailing address
for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division 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.
Sincerely,
Docu Signed by:
p4.1 w H P;,Uf
for
F161FB69A2D84A3...
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Charlotte, email
Meagan Jolly, Wetlands -Waters, email
Kelly Williams, DMS, email
DWR 401 & Buffer Permitting Branch file
20-0009
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, TPS Charlotte, LLC has permission as outlined
below to impact 356 linear feet of stream in order to proceed with the parking facility 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: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
356 linear feet of stream
Wilkinson Blvd.
Mecklenburg
Catawba (03050101)
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 DMS 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:
356 linear feet total of stream required (1:1)
Mitigation:
356 linear feet of stream by the DMS required for the 401 Water Quality Certification. In
correspondence dated September 20, 2019 the DMS indicated that up to 370 linear feet of
stream mitigation would be conducted by DMS 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 DMS 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
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date