HomeMy WebLinkAbout20031642 Ver 1_Approval Letter_20040219O?CF VV ? i ?RQG
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'VVE LANDS / 401 GROUP
February 19, 2004
DWQ# 03-1642
Union County
FEB 2 4 2004
Mr. Thomas Ray Poplin
3011 Highway 74 West
Monroe, NC 28110
Subject: Monroe Retail Center, Hwy. 74
?"A" F-'R Q)i)AL Y SECTION
APPROVAL of 401 Water Quality Certification and Isolated Wetlands Permit with Additional Conditions
Dear Mr. Poplin:
You have our approval, in accordance with the attached conditions and those listed below, to impact 776
linear feet of unnamed intermittent stream in order to construct the Monroe Retail Center in Union County, as
described in your application received by the Division of Water Quality (DWQ) on December 31, 2003. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps
of Engineers (USACOE). 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 Certification will expire when the associated 404 permit issued by the USACOE 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.
If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached Certification, as well as the additional conditions listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
hftp://h2o.enr.state.nc.us/ncwetlands;
2. A final written stormwater management plan shall be approved in writing by this Office before the impacts
specified in this Certification occur. The stormwater facilities must be designed to treat the runoff from the
entire project, unless otherwise explicitly approved by the DWQ. Measures such as plunge pools, level
spreaders, and/or other velocity dissipaters will be constructed at all stormwater discharge points.
Also, before any permanent building is occupied at the subject site, the stormwater facilities (as approved
by this Office) shall be constructed and operational, and the stormwater management plan (as approved by
this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall
be made without written authorization from the DWQ.
7
No Carolina
,Naturallil R
Michael F. Easicy. vovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C_ Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(91 9)73 3-1 7R6 (phone). 919-733-6893 (fax). (httn7 h2n enr state.ne.ns neecetlan(ls)
Page 2
3. The culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing
stream dimensions (including the pattern and profile) are to be maintained above and below locations of each
culvert. The culvert shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream
grade shall be re-established, or if the pipes are installed in a perched manner then the pipes shall be
removed and re-installed correctly;
4. 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,
including the design, installation, operation, and maintenance of sediment and erosion control Best
management Practices (BMP) shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such BMP:
a. The design, installation, operation, and maintenance of the erosion and sediment control measures (the
measures) must be such that they equal, or exceed, the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design Manual (the Manuai).
b. The measures shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with project.
c. The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.
6. Sediment and erosion control measures should not be placed in wetlands or waters. However, if placement
of sediment and erosion control devices in wetlands and waters is unavoidable, the devices shall be removed
and the natural grade restored within six months of the date the Division of Land Resources has released the
project.
7. Continuing Compliance. Mr. Poplin shall conduct his activities in a manner consistent with state water quality
standards (including any requirements resulting from 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
Mr. Poplin and the USACOE, 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 Mr. Poplin in writing, and shall be provided to the USACOE 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.
8. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit. Please send
photographs, upstream and downstream, of each culvert site to document correct installation along with the
Certificate of Completion form.
Page 3
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
L
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit - Cyndi Karoly
.Central Files
File Copy
Wendell Overby - Soil & Environmental