20100735 Ver 1_Approval Letter_20101109

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 9, 2010
Kevin and Margaret Bigham
4007 Guardian Angel Avenue
Indian Trail, NC 28079
DWQ Project # 2010-0735
County: Mecklenburg
Subject Property: Proposed Professional Buildings and Parking on Lawyer's Road, Stallings,
NC
UT to Four Mile Creek [030834, 11-137-9-4, C]
AUTHORIZATION of the Goose Creek Riparian Buffer Rule (15A NCAC 02B.0607)
Authorization Certificate
Dear Mr. and Mrs. Bigham:
You have our authorization, in accordance with 15A NCAC 02B .0607 and any conditions listed below,
to impact approximately 1,100 ft2 of the Goose Creek protected riparian buffers for the purpose of
constructing the two bioretention cells and discharge pipe from the dry detention basin at the subject
property as described within your major variance application dated July 16, 2010, received by the
Division of Water Quality (DWQ) on September 7, 2010, with additional information received by DWQ
on October 12, 2010, October 20, 2010, October 27, 2010 and November 2, 2010. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge
regulations.
This authorization certification is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the conditions
listed below.
The Additional Conditions of the Certification are:
Written Stormwater Management Plan (No Further Approval Needed)
The Goose Creek Buffer Management Rule, 15A NCAC 02B .0607, allows: "new drainage
ditches, roadside ditches and stormwater outfalls provided that a stormwater management facility
is installed to minimize the sediment, nutrients including ammonia and other pollution and
attenuate flow before the conveyance discharges through the riparian buffer." The stormwater
treatment system on this site (consisting of two bioretention cells in line with a dry detention
pond) has been determined by the DWQ to provide an acceptable level of stormwater
management to allow the discharge of treated stormwater through the protected Goose Creek
Buffer to the receiving stream.
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NO Carolina
Location: 221 Crabtree Blvd., Site 250, Phone [phone] FAX: 919u-733-6893 aleigh, North Carolina 27604 atural/y
Internet: http://portal.ncdenr.org/web/wgNus
An Equal Opportunity 1 Affirmative Action Employer
Bigham
Page 2 of 4
November 9, 2010
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) dated October 19, 2010, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. 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 Division of Water Quality.
2. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Buffers 1,100 (square ft. Variance and email
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
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 Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project.
Bigham
Page 3 of 4
November 9, 2010
6. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0607(c).
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 213.0607.
8. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
9. Deed Notifications
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://portal.ncdenr.org/web/wq/swp/ws/401. The text of the
sample deed notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization (associated with the approved buffer
impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a
decision.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the
Director's decision you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
Bigham
Page 4 of 4
November 9, 2010
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0607. If you have any questions or would like a copy of the buffer rules, please call Alan Johnson at:
704-663-1699. This letter does not authorize any impacts to either Waters of the United States or Waters
of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality
(DWQ) if any impacts are proposed to either of these waters.
Sincerely,
?I
Coleen H. Sullins
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Enclosures: Certificate of Completion
cc: Alan Johnson, Mooresville Regional Office
DLR Raleigh Regional Office
Nicholas Parker, Amicus Engineering, 5151 Poplar Tent Rd, Ste 130, Concord, NC 28027
File Copy
Filename: 100735ProposedProfessionalBuildingsandParkingonLawyersRoad(Mecklenburg)GBR