20080394 Ver 1_Approval Letter_20080428

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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
April 28, 2008
DWQ# 08-0394
Cabarrus County
Mr. Lindsey McAlpine
McAlpine Group, LLC
1329 East Morehead St.
Charlotte, NC 28204
APPROVAL of 401 Water Quality Certification and Isolated Wetlands Permit
with Additional Conditions
Dear Mr. McAlpine:
You have our approval, in accordance with the attached conditions, to place permanent fill in
0.36 acre of isolated wetlands in order to develop the site at the intersection of Highway 73 and
Macedonia Church Road in Cabarrus County, as described in your application received by the
Division of Water Quality on February 27, 2008. After reviewing your application, we have
determined that this fill is covered by the State General Permit for Impacts to Isolated Wetlands and
Isolated Waters (IWGP100000). 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.
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
The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. 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.
3. 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, copy of
plan and approval letter submitted to DWQ). You have the option of using the Express Reyjew
Program for expedited approval of these plans If you propose to use the Express Revie Not ""Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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.
4. 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.
5. 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.
6. 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.
7. Continuing Compliance. The applicant (McAlpine Group, 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 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.
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 150B 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,
/ /? I/"--
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Cabarrus County Sediment/Erosion
Central Files
File Copy
Renee Gallimore, ESP Assoc.
Certificate of Completion
DWQ Project No.
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWQ 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
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:
Agent's Certification
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
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:
If this project was designed by a Certified Professional
Date:
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee 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 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: Registration No.: Date: