HomeMy WebLinkAbout20071673 Ver 3_Approval Letter_20140808NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Brian Roller
521 Partners, LLC
11510 North Community House Rd.
Charlotte, NC 28277
John E. Skvarla, III
Secretary
August 8, 2014
DWR# 07- 1673V3
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Providence Rd. West. (Replaces approval issued on June 20, 2014)
Dear Mr. Roller:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated June 12, 2014, and received by
the Division of Water Resources (the Division) on June 13, 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.org /web /wq /swp /ws /401. The
General Certification allows you to use Nationwide Permit Number 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
0.28 acre
Stream
0
295 linear ft.
3. 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.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919 - 807 -63001 Internet; www,ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper
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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. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. Until the EEP receives and clears your payment,
and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the EEP to meet the following compensatory mitigation requirement:
6. 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.
7. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
8. 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.
9. 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.
10. 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
401/Wetlands Unit web site at http:// h2o.enr.state.nc.us /ncwetiands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
11. A final, written storm water management is required per condition No. 12. Before any
permanent building is occupied at the subject site, the storm water management plan shall be
implemented and the facilities shall be constructed and operational. No changes to the
structural storm water practices shall be made without written authorization from the Division or
local delegated authority.
Compensatory Mitigation
Re uired
River and Sub -basin
Number
Stream
295 (feet)
Catawba (03050103)
Wetlands
0 acres
6. 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.
7. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
8. 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.
9. 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.
10. 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
401/Wetlands Unit web site at http:// h2o.enr.state.nc.us /ncwetiands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
11. A final, written storm water management is required per condition No. 12. Before any
permanent building is occupied at the subject site, the storm water management plan shall be
implemented and the facilities shall be constructed and operational. No changes to the
structural storm water practices shall be made without written authorization from the Division or
local delegated authority.
12. 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.
13. 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.
14. 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.
15. Continuing Compliance. The applicant (521 Partners, LLC) 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:
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. Rd.
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, C-- �2)zaz"—
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Matt Bramblett, Hart/Hickman
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to
the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail
Service Center, Raleigh, NC, 27699 -1650. This form may be returned to NCDWR by the applicant,
the applicant's authorized agent, or- the project engineer. It is not necessary to send certificates .
from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities; due
care and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
I,
Date:
hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Date:
Partial Final I, , as a duly
registered Professional Engineer in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project for the Permiee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature
Date
Registration No.
07- 1673V3
NORTH CAROLINA- DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, 521 Partners, LLC has permission as outlined
below to impact 0.085 acre of wetland, 295 linear feet of stream, and 0.195 acre of open water in
order to proceed with the road project in Iredell County, North Carolina. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached
certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN /SUBBASIN
Impacts:
295 linear feet of stream
0.085 acre of wetland
0.42 acre open water
Hwy 521 /Providence Rd. West
Mecklenburg
Catawba (03050103)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation
of wetlands as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to the nearest foot and acreage requirements must be rounded to one -
quarter acre increments according to 15 2r .0503(b).
Mitigation:
295 linear feet of stream by the EEP required for the 401 Water Quality Certification. In
correspondence dated May 13, 2014 the EEP indicated that up to 295 linear feet of stream
mitigation would be conducted by EEP if available within the cataloging unit. More may be
required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you
choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the
address listed below. An invoice for the appropriate amount of payment will be sent to you upon
receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER RESOURCES
1652 Mail Service Center
RALEIGH, N.C. 27669 -1652
E;