20081374 Ver 3_Approval Letter_20100315

4
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mr. David Niekamp
Crescent Resources, LLC
400 S. Tryon Street, 13th Floor
Charlotte, NC 28285
Subject: Belgate Commercial Project
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Niekamp:
March 15, 2010
DWQ# 08-1374V3
Mecklenburg County
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.31 acre of wetland and 8691inear feet (If) (299 If, perennial; 570 If, intermittent) of unnamed stream to Doby
Creek in order to construct the development in Mecklenburg County, as described in your application received
by the Division of Water Quality (DWQ) on February 25, 2010. This application approves the following
modifications for the project:
-Brookside Lane, stream impact: 107 If to 133 If, increase of 26 If
-Shopping Center Drive, stream impact: 184 If to 166 If, decrease of 18 If.
This modification results in a net increase of 8 If of stream impact. Mitigation proposed in the previous
application (299 If) and approved in the Certification issued on October 10, 2008 is suitable for this net
increase. 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://Portal.ncdenr.org/web/wq.
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. 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. All previous conditions of the certification issued on October 10, 2008 apply to this modification.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NofthCarohna
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 y??l//?
Internet: http://portal.ncdenr,org/web/wq ?atul
An Eaual Opportunity/Affirmative Action Emolover - 50% Recvcled/10% Post Consumer Paper
2. 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.
3. Continuing Compliance. The applicant (Crescent Resources, LLC; David Niekamp) 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,
r Ca 41/ta--
for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Len Rindner