20061652 Ver 2_Approval Letter_20080724

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
July 24, 2008
DWQ# 06-1652Ver2
Mecklenburg County
Mr. Mark Ball
Rocky River Retail Investors, LLC
3735 Beam Road, Suite B
Charlotte, NC 28219
Subject: Reedy Creek Commons Shopping Center
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ball:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 424 linear feet(lf) of unnamed tributary to Reedy Creek in order to construct the Reedy Creek
Commons Shopping Center in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on June 27, 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain
benches or similar measures. These measures must be approved, in writing, by this office prior to
construction.
Nose Carolina
Aturally
Mooresville Regional Office
Internet: www.ncwaterquality ors
Division of Water Quality Phone [phone] Customer Service
610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds on the property. These
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404
Permit (whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
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. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP)
in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and
15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). The EEP should be contacted at (919)
733-5208 if you have any questions concerning payment. For accounting purposes, this
Certification authorizes the fill of 424 linear feet of streams in the Yadkin River Basin, (Cataloging
Unit 03040105); and 424 linear feet of stream mitigation is required. Please be aware that the EEP
rules require rounding of stream impacts to the nearest foot and wetland impacts to the nearest
quarter acre (15A NCAC 2R .0503(b)).
6. The planting of native vegetation and other soft streambank 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 stream bed, unless approved by the DWQ.
7. Stormwater 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.
8. A final written stormwater management plan shall be approved, in writing, by this Office prior to
the construction' of any permanent facilities at the site. The stormwater 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 site, the facilities (as
approved by this Office) shall be constructed and operational, and the stormwater management
plan (as approved by this Office) 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 facilities shall be made without written authorization from the
Division of Water Quality.
9. 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.
10. 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.
11. 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.
12. Continuing Compliance. Rocky River Retail Investors, 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,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
Pamela Bowman - WNR