20030243 Ver 1_Approval Letter_20030409

OF W A TFR
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 9, 2003
DWQ# 03-0243
Mecklenburg County
Mr. Charles Teal
Pappas Properties, Inc.
4201 Congress St., Suite 465
Charlotte, NC, 28209
APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program
Dear Mr. Teal:
You have our approval, in accordance with the attached conditions, to place permanent fill in 280 linear feet of
perennial streams in order to construct two road crossings associated with the Berewick Commons Parkway in Mecklenburg
County, as described in your application received by the Division of Water Quality on March 4, 2003. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3404. This
Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 26.0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR -Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have one month from the date of this
Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 280 linear feet of
perennial streams in the Catawba River Basin, Cataloging Unit 03050101, and 280 linear feet of stream mitigation is
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of wetland impacts to
the nearest foot (15A NCAC 2R .0503(b));
2. An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office
before the impacts specified in this Certification occur per Condition No. 6 in GC No. 3404. The stormwater
management plan must include plans and specifications for stormwater management facilities that are appropriate for
surface waters classified as Class C and designed to remove 85% TSS according to the most recent version of the NC
DENR stormwater 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
stormwater 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
stormwater practices shall be made without written authorization from the Division of Water Quality.
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this
letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from
the 401/Vlletlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands .
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1 800 623-7748

4. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401'
Certification has been completed.
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 which conforms to
Chapter 1506 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 Alan Johnson in our Mooresville Regional Office at [phone] or Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
f=ile Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
030243

NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Charles Teal of Pappas Properties, Inc. has permision as outlined
below to fill 280 linear feet of perennial streams in order to construct two road crossings associated with the: Berewick
Commons Parkway 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 REGIUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY
BASIN/SUBBASIN
Impacts:
280 linear feet of perennial streams
Berewick Commons Parkway
Mecklenburg
Catawba (03-05-01-01)
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.
Mitigation
280 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In correspondence dated
March 11, 2003, the WRP indicated that up to 560 linear feet of stream mitigation will be conducted by WRP if necessary
for the 404 Permit.
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration 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).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration 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 WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]