20100684 Ver 1_Stormwater Approval_20110321

Beverly Eaves Perdue
Governor
JIM a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
March 21, 2011
Attn: Mr. Rick Howell
City of Shelby
300 S. Lafayette
Shelby, NC 28151
Subject Property: Foothills Commerce Center, Phase I
APPROVAL OF STORMWATER MANAGEMENT PLAN (SW)
Dear Mr. Howell:
Dee Freeman
Secretary
DWQ EXP No. 10-0684
Cleveland County
On December 21, 2010, the Division of Water Quality (DWQ) issued a 401 Water Quality (WQ)
Certification Approval to you and the City of Shelby to impact 145 linear feet Little Beaver Dam Creek
for the purpose of constructing the proposed Foothills Commerce Center, Phase I in Cleveland County.
On December 3, 2010, the DWQ received your stormwater management plan (SMP) along with
supporting information for review and approval to meet Condition #7 of the WQ Certification. The DWQ
received subsequent revisions and additional information on January 18, 2011 and March 7, 2011.
The DWQ has reviewed your SMP and supporting information, and approves the revised SMP to satisfy
the stormwater condition required by the 401 WQ Certification. This approval is for the purpose and
design described in your application and 401 Certification. 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 approval letter and is thereby responsible for complying with all conditions. This
approval requires you to follow the conditions listed in the 401Water Quality Certification for your
project and the following additional conditions listed below:
The SMP for Phase I, approved by this office, consists of three wet detention ponds as stormwater
best management practices (BMPs), all associated stormwater conveyances, inlet and outlet
structures, the grading and drainage patterns depicted on plan sheets dated January 14, 2011 and
March 2, 2011 (engineer's sealed dates), and wet detention basin operation and maintenance (O
& M) agreements signed and dated November 17, 2010 by Mr. Brad Cornwell (Public utilities
Director). The approved SMP must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality. The stormwater management structures shall have maintenance access and at least a 10-
foot drainage easement on each side to allow for the ability to maintain the structures, and to
perform corrective actions. The stormwater easements shall be recorded to provide protection of
the structures from potential alterations by future property owners.
2. Operation and Maintenance of BMPs: Maintenance activities for the proposed BMPs must be
performed in accordance with the O&M agreements referenced in condition 1 above. The O & M
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 (9m Floor)
Phone: [phone] FAX: 919$07-6494
Internet: http://pogal.ncdenr.org/web/wq/swp/ws/webscape
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An Equal Opportunity 1 Affirmative Action Employer
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March 21, 2011
agreements must transfer with the sale of the property or transfer of ownership/responsibility for
the BMP facilities. DWQ must be notified promptly of every transfer.
3. This approval is for Phase I, and therefore SMP for subsequent phases must be approved
prior to any stream impacts occurring in each phase. If the SMP is approved by a certified
local government or another DWQ stormwater program other than the DWQ WeBSCaPe Unit,
you must submit:
a. A valid approval letter from the appropriate DWQ office or the certified local government
indicating that the particular phase has an approved SMP and one copy of the approved SMP
(including plan details, design calculations, notarized O & M Agreements, and other
supporting information), OR
b. A set of stormwater management plan details, O & M Agreements and design calculations
stamped as "Approved" by the appropriate DWQ office or certified local government, OR
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 contact me at [phone] or Joseph Gyamfi at 919-807-6426.
Si
Ian McMillan, Acting Supervisor
Wetlands, Buffers, Stormwater, Compliance and
Permitting Unit (WeBSCaPe)
IJM/jg
cc: File copy
Alan Johnson, DWQ Mooresville Regional Office
Steve Chapin, USACE Asheville
Dale Pennell / Rhonda Honeycutt, McGill Associates, PA., 55 Broad St., Asheville, NC 28801