HomeMy WebLinkAbout20080301 Ver 1_Approval Letter_20080306O?CF W AT F9PG
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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
March 6, 2008
DWQ# 08-0301
Union County
Mr. David Smith
Austin Village Retail, LLC
227 West Trade Street, Suite 800
Charlotte, NC 28202
Subject: Austin Village Commercial Center, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Smith:
You have our approval, in accordance the general certification and those conditions listed below, to fill
wetland (<O.10 acre) in order to construct the proposed development in Union County, as described in your
application received by the Division of Water Quality (DWQ) on February 14, 2008. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Numbers
3699 and 3705, 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 Number 12 and 018 once they are issued to you by the U.S.
Army Corps of Engineers. 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 Certifications will expire when the associated 404 permits expire unless otherwise
specified in the General Certification. 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.
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. It appears that construction of the new sewer line may result in additional development within several
parcels. Development of these parcels may impact additional streams/wetlands, and may cause violations
of downstream water quality standards. The cumulative impacts for this project must be adequately
addressed. Alternatively, one way to address this concern is to have the Union County (or governing
authority ) to commit to requiring on-site storm water management measures for those parcels (greater
than one (1) acre) when they are developed. If acceptable to the county or governing authority please
provide a letter of agreement to DWQ. However, the Division is open to other approaches that would
protect downstream water quality from cumulative impacts.
3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are
not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
Noe Carolina
Naturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: ncwaterqulaity.org FAX (704) 663-6040 1-877-623-6748
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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. Prior to construction, 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
writing by this Office (or local delegated authority authority, copy of plan and approval letter submitted to
DWQ). 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 or local delegated authority) shall be constructed and operational, and the
storm water management plan (as approved by this Office or local delegated authority) 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.
10. Continuing Compliance. The applicant (Austin Village Retail, 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
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 21-1.0503, 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,
for Coleen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Central Files
File Copy
Len Rindner