20080965 Ver 1_Approval Letter_20080626

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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
June 26, 2008
DWQ# 08-0965
Lincoln County
Mr. Ken Beuley
TKC CXXVIII, LLC
5935 Carnegie Blvd. Suite 200
Charlotte, NC 28209
Subject: Crate and Barrel Distribution Center
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Beuley:
You have our approval, in accordance the general certification and those conditions listed below, to fill
0.021 acre of wetland and to impact 820 linear feet (If) (800 If of intermittent stream) of an unnamed tributary to
Larkard Creek in order to construct the distribution center in Lincoln County, as described in your application
received by the Division of Water Quality (DWQ) on June 13, 2008. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 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 39 once it is 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 Certification will expire when the associated 404 permit expires 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. 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.
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet: ncwaterqulaity.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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.
3. 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.
4. 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.
5. 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.
6. 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.
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. Please send photographs
of the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
10. Continuing Compliance. The applicant (TKC CXXVIII, LLC, Ken Beuley) 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 21-1.0504. 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
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Lincoln County, Soil and Water
Central Files
File Copy
Michael lagnocco, STV/Raolph Whitehead Assoc., 1000 W Morehead St., Ste. 200, 28208
Notice Of Initiation of Construction
To be completed by DWQ
DWQ Project No. County: Lt jl C 6 (bJ
Applicant: i C C. k k l/ 1(? L L C
Project Name: ,- ew / C.:f ;tee
Date of Issuance of 401 Water Quality Certification:
Upon initiation of impacts approved by the issuance of this 401 Water Quality Certification/Buffer
Authorization, the applicant is required to return this notice (condition #1 per approval) to:
DWQ-SWP Section, Mooresville Regional Office
310 East Center Avenue, Suite 301
Mooresville, NC 28115
Or
Fax to the attention of Alan Johnson at: 704-663-6040
Applicant/Authorized Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence the approved impacts have begun to be constructed. The proposed impacts are to be
installed/constructed/completed within substantial compliance and intent of the 401 Water Quality
Certification/Buffer Rule Authorization, the approved plans and specifications, and other supporting
materials.
Date of initiation of Construction:
Signature:
Date:
Title:
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
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:
Agent's Certification
Date:
I, , 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:
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: