20090544 Ver 1_Approval Letter_20090629

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 29, 2009
DWQ# 09-0544
Mecklenburg County
Ms. Lorin Stiefel
DavidLand LLC
6707 C Fairview Rd.
Charlotte, NC 28210
Subject: Silver Landing Transportation Center
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Stiefel:
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 0.294 of wetland (drained pond) and 873 linear feet (If) (300 If "important") of unnamed stream to
Steele Creek in order to construct the project in Mecklenburg County, as described in your application received
by the Division of Water Quality (DWQ) on May 12, 2009. 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 (COE). 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 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.
3. 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.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
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4. Mitigation has been proposed for the impacts 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
(COE) mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 300 feet Catawba
Wetlands acres
Waters acres
5. 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.
6. 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.
7. 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 120 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by this Office (or local
approved delegated authority) 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
(or local delegated authority). 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.
8. 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.
9. Continuing Compliance. The applicant (DavidLand, LLC; Marc Silverman) 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
laa AftIVIittan, Wetlands AJnit7
Len Rindner