20081158 Ver 1_Approval Letter_20080825

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Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 25, 2008
DWQ# 08-1158
Mecklenburg County
Mr. Dan Cimaglia
WP East Acquisitions, LLC
1001 Morehead Square Dr., Ste. 250
Charlotte, NC 28203
Subject: Campus Corners
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cimaglia:
You have our approval, in accordance with the attached conditions and those
listed below, to impact 185 linear feet (If) of intermittent stream to Mallard Creek in order
to construct the subject development in Mecklenburg County, as described in your
application received by the Division of Water Quality (DWQ) on July 29, 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.
Mailing Address Phone [phone] Location one
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610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 afura No Kua l!!y
Mooresville, NC 28115 Mooresville, North Carolina
Internet: www.ncwatergualitv.2r9 Customer Service 1-877-623-6748
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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) 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 before the impacts specified in this Certification occur. 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) shall be constructed and operational, and the
storm water 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 storm water
practices shall be made without written authorization from the Division of Water
Quality.
4. 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.
5. Continuing Compliance. The applicant (WP East Acquisitions, LLC; Dan Cimaglia)
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 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,
"2-g , '-" ?? ? - " , 5 ???
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Central Files
File Copy
Len Rindner