HomeMy WebLinkAbout20140407 Ver 1_Approval Letter_20140623NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 23, 2014
Elevation Church
Attn: Mr. Josh Blackson
11416 East Independence Blvd., Ste N
Matthews, NC 28105
John E. Skvarla, III
Secretary
D W R # 14 -0407
Mecklenburg County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Elevation Church Mixed Use Development
USACE Action ID. No. SAW- 2014 -00828
Dear Mr. Blackson:
Attached hereto is a copy of Certification No. 3998 issued to Mr. Josh Blackson and Elevation
Church, dated June 23, 2014. Please note that you should get any other federal, state or local
permits before proceeding with the subject project, including those required by (but not
limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed
regulations
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
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 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received to the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays)
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one 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.
Division of Water Resources — 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX 919 - 807 -6494
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
Elevation Church
DWR# 14 -0407
Individual Certification #3998
Page 2 of 7
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc),
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H 0500. Contact Alan Johnson at 704 - 663 -1699 or alan.Iohnson @ncdenr.gov or
Jennifer Burdette at 919 - 807 -6364 or Iennifer.burdette @ncdenr.gov if you have any questions or
concerns.
Sincerely,
awe 44�A'�
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Leonard S Rindner, Leonard S. Rindner, PLLC, 3714 Spokeshave Lane, Matthews, NC
28105
USACE Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR MRO 401 files
DWR 401 & Buffer Permitting Unit files
Filename: 140407EIevationChurchMixedUse (Mecklenburg)_401_IC.docx
Elevation Church
DWR# 14 -0407
Individual Certification #3998
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3998 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H
.0500, to Mr Josh Blackson and Elevation Church, who have authorization for the impacts listed
below, as described within your application received by the N.0 Division of Water Resources
(Division) on April 21, 2014 and subsequent information on May 5, 2014, and by Public Notice issued
by the U S. Army Corps of Engineers and received by the Division on May 14, 2014
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts, which include the new sanitary sewer crossing and stormwater bypass
channels, 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 to wetlands, streams,
and /or buffers, are approved including incidental impacts:
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.24 (acres)
0 (acres)
Stream Channel
(intermittent)
85 (linear feet)
0 (linear feet)
Open Water
2.27 (acres)
0 (acres)
2. Stormwater Management Plan
You are required to provide one copy of the approved SMP, including plan details on full -sized
plan sheets, with proof of City of Charlotte's approval. The approved SMP shall be submitted
to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699 -1617)
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 from the City of
Charlotte. 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.
Elevation Church
D W R# 14 -0407
Individual Certification #3998
Page 4 of 7
3 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 for this
project 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. Approved plans
and specifications for this project are incorporated by reference and are enforceable parts of
this permit.
4. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and requirements
of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
5. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream 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 Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
Elevation Church
DWR# 14 -0407
Individual Certification #3998
Page 5 of 7
6 Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit If your project is
covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self - monitoring, record keeping and
reporting requirements is required. A copy of the general permit (NCG010000), inspection log
sheets, and other information may be found at:
http: / /Portal.ncdenr org /web /wq /ws /su /npdessw #tab -w
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.
9. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and
the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
10. All temporary pipes /culverts / riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
11 Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and /or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de- stabilization of the stream bed or banks upstream or
downstream of the area.
Elevation Church
D W R# 14 -0407
Individual Certification #3998
Page 6 of 7
12 Any riprap used for stream stabilization shall be of a size and density so as not to be able to be
carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure integrity of bank stabilization
measures
13 A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams
Any fertilizer application must comply with all other Federal, State and Local regulations.
14. Deed notifications or similar mechanisms shall be placed on all retained Jurisdictional wetlands,
waters and protective buffers within the project boundaries 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 &Buffer Permitting Unit website at
http: / /portal.ncdenr.org/ web /wq /swp /ws /401 /certsandpermits /apply /forms The text of the
sample deed notification may be modified as appropriate to suit to this project. Documentation
of deed notifications shall be provided to the Division upon request.
15. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals.
16. Continuine Compliance
Mr. Josh Blackson and Elevation Church shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
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. Before modifying the Certification,
the Division shall notify Mr. Josh Blackson and Elevation Church and the U.S Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to Mr Josh Blackson and Elevation Church in writing, shall be
provided to the U.S. 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.
Elevation Church
DWR# 14 -0407
Individual Certification #3998
Page 7 of 7
17. This approval is for the purpose and design described in your application and as described in the
Public Notice The plans and specifications for this project are incorporated by reference and are
an enforceable part of the Certification If you change your project, you must notify the Division
and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this Certification and is responsible for
complying with all conditions Any new owner must notify the Division and request the
Certification be issued in their name.
18 The applicant and /or authorized agent shall provide a completed Certificate of Completion Form
to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at:
http: / /Portal.ncdenr org/ web /wq /swp /ws/ 401 /certsand perm its /apply /forms)
19. This certification grants permission to the director, an authorized representative of the Director,
or DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification
Non - compliance with or violation of the conditions herein set forth may result in revocation of this
Certification and may also result in criminal and /or civil penalties.
This the 23rd day of June 2014
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /Jab
3998