20081374 Ver 1_Approval Letter_20081010

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Mr. David Niekamp
Crescent Resources, LLC
400 S. Tryon Street, 13th Floor
Charlotte, NC 28285
Subject: Belgate Commercial Project
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
October 10, 2008
DWQ# 08-1374
Mecklenburg County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Niekamp:
You have our approval, in accordance with the attached conditions and those listed
below, to impact 0.31 acre of wetland and 861 linear feet (If) (291 If, perennial; 570 If,
intermittent) of unnamed stream to Doby Creek in order to construct the development in
Mecklenburg County, as described in your application received by the Division of Water Quality
(DWQ) on September 16, 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 stream impacts the final details for the proposed stream crossing shall be submitted
to DWQ for review.
3. 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
Mailing Address Phone [phone] Location one
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 Valumlly
Mooresville, NC 28115 Mooresville, North Carolina
Internet: Aww.newaterquality.org Customer Service 1-877-623-6748
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grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be
removed and re-installed correctly.
4. 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.
5. 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 restoration 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 [phone] 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 restoration
fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 360 feet Yadkin 03040104
Wetlands 0.50 (acres) Yadkin (03040104
Waters (acres)
6. 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.
7. 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.
8. Prior to stream impacts, 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 shall be constructed and
operational, and the storm water management plan shall be implemented. The structural
storm water practices as approved 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.
9. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from DWQ. If approved, they shall be removed and the natural grade restored
within two months of the date of the close out/stabilization of the given drainage area.
10. 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.
11. Continuing Compliance. The applicant (Crescent Resources, LLC; David Niekamp) 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
File Copy
Len Rindner
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
08-1374
In accordance with 15A NCAC 2 H .0500, Belgate Commercial Project, Crescent
Resources, LLC has permission as outlined below to impact 219 linear feet of stream in order to
proceed with the development in Rowan 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
Impacts:
861 linear ft of stream (291
0.31-acre wetland
City Blvd./1-85
Mecklenburg
Yadkin (03040104)
linear feet, 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:
291 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated July 9, 2008 the EEP indicated that up to 600 linear feet of stream
mitigation and 0.50 acre of wetland 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