20061652 Ver 3_Approval Letter_20081211

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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
December 11, 2008
DWQ# 06-1652V3
Mecklenburg County
Mr. Mark Ball
Rocky River Retail Investments, 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 an additional 59 linear feet (If) (previously approved, 424 If) 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 October 16, 2006. 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. All other conditions of the previously issued 401 Water Quality Certification still applies,
unless otherwise stated herein or within the above noted general certification.
3. Prior to any impacts, 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
Mailing Address Phone [phone] Location one
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 No thCarolina
Mooresville, NC 28115 Mooresville, North Carolina aturally
Internet: www.ncwaterauality.or2 Customer Service 1-877-623-6748
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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 59 (feet)
Wetlands acres
Waters (acres)
4. 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.
5. 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.
6. 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.
7. Continuing Compliance. The applicant (Rocky River Retail Investments, 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 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 Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
File Copy
Tamp Bandy