HomeMy WebLinkAbout20081037 Ver 1_Approval Letter_20080826o?oF W ATF9gG
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Coleen H. Sullins, Director
Division of Water Quality
August 26, 2008
DWQ# 08-1037
Mecklenburg County
Mr. Tyson Reilly
Charlotte Holdings V, LLC
11508 Providence Rd. Ste. H-241
Charlotte, NC 28226
Subject: The Crossing At Cambria
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Reilly:
You have our approval, in accordance with the attached conditions and those listed
below, to impact 599 linear feet (If) (234 If, perennial) of unnamed tributary to Lake Wylie in
order to construct the subdivision in Mecklenburg County, as described in your application
received by the Division of Water Quality (DWQ) on June 30, 2008 and subsequent information
on August 25, 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/ncwetiands. The General Certification allows you to use
Nationwide Permit Number 29 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. 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.
Mailing Address Phone (704) 663-1699 Location
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Noy` hCarolina
Ivatura!!J
Internet: www.ncwaterauality.org Customer Service 1-877-623-6748
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3. 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.
4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland, water
and buffer impact. These mechanisms shall be put in place at the time of recording of the
property, or of individual lots, whichever is appropriate. A sample deed notification can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/newetlands.
The text of the sample deed notification may be modified as appropriate to suit to this project.
5. 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.
6. Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined
by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program
Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at (919) 733-5205 if you have any questions concerning payment into a restoration
fund. You have 60 days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the fund to meet the following
compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 234 feet Catawba 03050101)
Wetlands acres
Waters (acres)
7. 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.
8. 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.
9. If impervious area for the any drainage area in the site exceeds 24%, an approved storm
water management plan is required.
10. 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.
11. 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.
12. 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.
13. Continuing Compliance. The applicant (Charlotte Holdings V, LLC; Tyson Reilly) 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,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Pamela Bowman, WNR
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
08-1037
In accordance with 15A NCAC 2 H .0500, Charlotte Holdings V, LLC has permission as
outlined below to impact 599 linear feet of stream in order to proceed with the development in
Mecklenburg County, North Carolina. All activities associated with these authorized impacts
must be conducted with the conditions listed in the attached certification. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Capps Rd.
Mecklenburg
Catawba (03050101)
Impacts:
599 linear feet of stream (234, perennial)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or
preservation of wetlands as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to the nearest foot and acreage requirements must be rounded to
one-quarter acre increments according to 15 2r .0503(b).
Mitigation:
,234 Linear feet of stream
234 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated July 1, 2008 the EEP indicated that up to 468 linear feet of stream
mitigation would be conducted by EEP if available within the cataloging unit. More may be
required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you
choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the
address listed below. An invoice for the appropriate amount of payment will be sent to you upon
receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1652 Mail Service Center
RALEIGH, N.C. 27669-1652