20080684 Ver 2_Approval Letter_20080626

OF W A rF9
LJWt,.??: --i
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# 08-0684 Ver 2
Mecklenburg County
Mr. Andrew Rowe
NLBP Phase One, LLC
19315 West Catawba Avenue, Suite 200
Cornelius, NC 28031
Subject: North Lake Business Park
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Rowe:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 71 linear feet (If) of perennial and 77 If of intermittent unnamed tributary to Dixon Branch and
0.083 acres of wetland in order to construct a commercial development in Mecklenburg County, as
described in your application received by the Division of Water Quality (DWQ) on June 19, 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. This 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. 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. No rthCarolina
Naturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.newaterguality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
3. A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local delegated authority) shall be approved in
writing by this Office before the impacts specified in this Certification occur. The stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater 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 stormwater management plan (as approved
by this Office or local delegated authority) shall be implemented. The structural stormwater practices
as approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
5. No waste, spoils, solids, or fill of any kind shall be placed 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.
6. Sediment and erosion control devices 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.
7. 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.
8. Continuing Compliance. The applicant (NLBP Phase One, 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 by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
f L? 3 1?
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian Mc Millan, Wetlands Unit
Central Files
Stephen C. Brown - Terracon
Notice Of Initiation of Construction
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 41 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
1, , 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:
Title:
Date:
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
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:
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: Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional
i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of Nort h 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.
Cigna ure: