20070936 Ver 1_Approval Letter_20070716

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Michael F. Easley, (?
William G. Ross Jr., ."-
North Cazolina Department of Environment and Natural "'
Coleen H. Sullins, `
Division of Watt
July 16,
DWQ# Oi'
Mecklenburg
Mr. Jon Morris
Beacon Partners, Inc.
9335 Harris Corners Parkway
Suite, 250
Charlotte, NC 28269
Subject: Interstate 77 -Lakeview Road Transportation Center
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Morris:
You have our approval, in accordance with the attached conditions and those listed below, to imp.
300 linear feet (If) of unnamed stream (205 If, perennial) to Long Creek in order to construct the transport,.
center in Mecklenburg County, as described in your application received by the Division of Water Quality
(DWQ) on May 29,2007. After reviewing your application, we have determined that this project is covered `
Water Quality General Certification Number 3631, 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 Nur
39 once it is issued to you by the U.S. Army Corps. of Engineers. Please note that you should get any oth
federal, state or local permits before proceeding with your project, including those required by (but not lim;~;
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 otherwisrN:
specified in the General Certification. This approval is only valid for the purpose and design that you des
in your application. tf you change your project, you must notify us in writing, and you may be required to
us a new application for a new certification. If the property is sold, the new owner must be given a copy ^~"
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 Condit'
The Mooresville Regional Office shall be notified in writing once construction at the approved impact r
has commenced.
2. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course. Existing stream dimensions (including th
section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed
benches) above and below locations of each culvert. If any of the existing pipes are or become perci,_
appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pi:
be removed and re-installed correctly.
3
Mitigation must be provided for the proposed impacts as specified in the table below. We understand r;
wish to make a payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation
requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem~e
Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. N~o~
J~al
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer
Internet: ncwaterqulaity.org FAX [phone]-623-;.
An Equal Opportunity/Affirmative Action Employer - 50% Recyc1ed110% Post Consumer Paper

The EEP should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the EEP to meet the following
compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin
Number
Stream 300 feet
Wetlands acres
Waters acres
4. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed
in the streambed, unless approved by the DWQ. -
5. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or
erosion of the stream banks.
6. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by this Office before the
impacts specified in this Certification occur per Condition No. 4 in GC No. 3631. You have the option of
using the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The storm water
management plan must include construction plans, specifications, storm water BMP worksheets, and
supporting calculations. The storm water best management practices are required to be appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most recent version
of the NC DENR Storm water Best Management Practices Manual. These facilities must be designed to
treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water
Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by
this Office) shall be constructed and operational, and the storm water management plan (as approved by
this Office) shall be implemented. The structural storm water practices as approved by this Office as well
as drainage patterns must be maintained in perpetuity. No changes to the structural storm water practices
shall be made without written authorization from the Division of Water Quality.
7. 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
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
8. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
9. 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. Please send photographs
of the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
•

10. Continuing Compliance. The applicant (Beacon Partners, Inc. Jon Morris) 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 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 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,
~ ~ 1~~
for Coleen H. Sullins
Attachments: Certificate of Completion Form
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Len Rindner