HomeMy WebLinkAbout20140321 Ver 1_Approval Letter_20140425�®„
NR
NODE
North -Carolina -- Department -of- Ehvironmat anyd- Natural - Resources
Pat McCrory
Governor
Mrs. Sarah Belk Gambrel)
C/O Mr. Chris Thomas
Steele Creek Limited Partnership
6100 Fairview Rd., Suite 640
Charlotte, NC 28210
John E. Skvarla, III
Secretary
April 25, 2014
DWR# 14 -0321
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Steele Creek Retail Center
Dear Mrs. Gambrell:
You have our approval, in accordance with the general certification and those
conditions listed below, for the purpose proposed in your application dated October 29,
2013 and received by the Division of Water Resources (the Division) on April 1, 2014.
After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3890, which can be viewed on our web site at
http: / /Portal.ncdenr.ora /web /wg /swp /ws /401. The General Certification allows you to use
Nationwide Permit Number 29/39 once it is issued to you by the U.S. Army Corps of
Engineers (COE). 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.
The above noted Certification will expire when the associated 404 permit expires
unless otherwise specified in the General Certification. In addition to the requirements of
the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced.
2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Wetlands
0
0
Stream
0
215 linear feet
Stream (daylight) ,
65 linear feet
0
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919 - 807 -63001 Internet: www.ncdenr.gov
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--a.—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.
4. 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 the cross 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
perched, the appropriate stream grade shall be re- established or, if the pipes installed
in a perched manner, the pipes shall be removed and re- installed correctly.
5. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and /or stabilized to reduce sediment loss and
turbidity. This includes interior /exterior slopes of sediment basins.
6. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted.
7. 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 DWR.
8. Stormwater 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.
9. 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 401Metlands Unit web site at
http://h2o.enr. state. nc. us /ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
10.A final, written storm water management is required per condition No. 12. You are
required to provide one copy of the approved SMP, including plan details on full -sized
plan sheets, with proof of approval. The approved SMP shall be submitted to the DWR
-- _ - 401 -& -Buffer Permitting Unit -(1 -650 Mail Service- Center - Raleigh, -NC- 27699=1- 6-50)--
before any impacts authorized in this certification occur. After it is approved and
submitted to the Division, the SMP may not be modified without prior written
authorization. If the SMP is modified in the future, then you shall provide one modified
SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the
commencement of the modifications.
- - -- �- - 41- 1--:-No-waste;,spoil,-solids, or- fill'of any kind -stlalt °occur--in °wetlands,- waters; or,riparian are-as---_,-.-._.._-.._---
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.
12. 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.
13. Upon completion of the project, the applicant shall complete and return the enclosed
"Certificate, of Completion" form to the 401 /Wetlands Unit of the Division.
14. Continuing Compliance. The applicant (Steele Creek Limited Partnership) 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 the Division
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, the Division 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, the Division 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.
This Certification can be contested as provided in Articles 3 and 4 of the General
Statute 150B by filing a written petition for an administrative hearing to the Office of the
Administrative Hearings (hereby known as OAH). A petition form may be obtained from
the OAH at.http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431 -3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with
the OAH: A_petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday, 8:00 am to 5:00 pm, excluding state ,holidays).
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and
one (1) copy of the petition along with any applicable OAH filing fee is received by the
OAH within five (5) business days following the faxed transmission. Mailing address for the
OAH-
__r....._._:, ....._.- ifsendingwia--US Postal Service:- If seti-dingvia"delivery*seroice ('UPS, FedEx, etc)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review by the Division 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. Karen Higgins in the Central Office in
Raleigh 919 - 807 -6360.
Sincerely,
r
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality