20071441 Ver 2_Approval Letter_20071214

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Mr. Jim Holman
Charter Properties, Inc.
1520 South Boulevard, Suite 215
Charlotte, NC 28203
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 14, 2007
DWQ# 07-1441 V2
Mecklenburg County
Subject: Storm Water Management Plan Modification, Prosperity Village Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holman:
You have our approval, in accordance with the attached conditions and those listed below, to fil 10.174 acne of
wetland and to impact 296 linear feet (If) of unnamed stream to Stony Creek in order to construct the Prosperity Vi I lage
Development in Mecklenburg County, as described in your application received by the Division of Water Quality
(DWQ) on August 23, 2007 and subsequent information received on October 22, 2007.
Per agreement with the central office staff, condition #7 of the previously issued 401 Water Quality Certification
approval shall be modified. To expedite construction, the project shall be separated into two phases for the purposes of
obtaining and approving a storm water management plan for the whole project. Phase I shall be the
roadway/thoroughfare; Phase I I shall be the remainder of the project (apartments/residential area). A storm water
management plan shall be approved prior to the initiation of work for each phase. With the aforementioned
modification, all other conditions of the 401 Water Quality Certification (including condition #7 below) issued on
October 22, 2007 remains valid and enforo~ble.
#7)
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 or local governing authority) within 60 days of
the issuance of the 401 Water Quality Certification. The storm water management plans shall be
approved in wrifing by this Office (or local governing authority with approval submitted to DWQ)
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. /f
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. No"`hcarolsna
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301
Internet: ncwaterqulaity.org
Mooresville, NC 28115 Phone [phone] Customer Service
FAX [phone]
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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 petitiUn that conforms to Chapter
1506 of the Nortla GaroJina General Statutes to the Office of Administrative Hearings, 6714 Mail ^~n~ivr Center, Raleigh,
N.C. 27699714. 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 70463-1699 or Ms. Cyndi
Karoly in the Central Office in Raleigh~919-733-9721.
Sincerely
~~
forColeen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Wendel I Overby