20100684 Ver 1_Stormwater Approval_20110808

OUR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
August 8, 2011
Dee Freeman
Secretary
DWQ Project # 10-0684
Cleveland County
Mr. Rick Howell
City of Shelby
300 South Lafayette
Shelby, NC 28151
Subject Property
Foothills Commerce Center - Phase 1
STORMWATER MANAGEMENT PLAN MODIFICATION APPROVAL
Dear Mr. Howell:
On December 31, 2010, the Division of Water Quality (DWQ) issued a 401 Water Quality Certification
Approval to the City of Shelby to impact 145 linear feet of Little Beaver Darn Creek for the purpose of
constructing the proposed Foothills Commerce Center - Phase I in Cleveland County. On March 21, -
2011, the DWQ approved a stormwater management plan for the Foothills Commerce Center - Phase I in
Cleveland County in order to meet the Condition Number (7) of the Water Quality Certification for
this project issued on December 21, 2010.
On July 14, 2011, the Division of Water Quality (DWQ) received a revised stormwater management
plan (dated July 11, 2011) from your consultant Glen Morris of Burton Engineering Associates. The
July 14 submittal requests permission to use on-site soils for the wet detention pond liner rather than a
commercially obtained liner. The DWQ has reviewed the revised stormwater management plan and
approves the proposed modification to meet Condition Number (7) in the Water Quality 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
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: hitp://portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
10-0684 Foothills Commerce Center
Page 2 of 2
August 8, 2011
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
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 SW 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 SNIP
(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.
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].
Sincerely,
ja?&Y-h . jo-?
Annette M. Lucas, P.E.
Wetlands, Buffers and Stormwater Compliance and
Permitting Unit
AML/aml
cc: Alan Johnson, DWQ Mooresville Regional Office
Steve Chapin, USACE Asheville
Greg Hoffman, McGill Associates, 55 Broad Street, Asheville, NC 28801
File copy
Filename: 100684FoothillsCommerceCenter(Cleveland)_SW_Mod_Approve.docx