HomeMy WebLinkAbout20031501 Ver 1_Approval Letter_20040112Michael F. Easley, l;overnor
W,\Q6 W A TFWilliam G. Ross Jr., Secretary
, North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
> Division of Water Quality
O Coleen H. Sullins, Deputy Director
Division of Water Quality
7" n18 1 V1 January 5, 2003
JAN 1 2 2004 DWQ# 03-1501
Union County
Ms. Amanda Wallis WATER QJA.I r ` SEC 1-,001V
Centex Homes
4235 South Stream Blvd., Suite 400
Charlotte, NC 28217
Subject: Matthews Commons Subdivision, McKee Rd./Matthews-Weddington Rd.
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Wallis:
You have our approval, in accordance with the attached conditions and those listed below, to impact 52
linear feet (If) of perennial and 272 If of intermittent of stream (unnamed) and to place permanent fill in 0.045
acre of jurisdictional wetlands in order to construct the Matthews Commons Subdivision in Union County, as
described in your application received by the Division of Water Quality (DWQ) on November 26, 2003. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This
General Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps
of Engineers (USACOE). 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.
This Certification will expire when the associated 404 permit issued by the USACOE 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 the total wetland fill for this project (now or in the future) exceeds 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, as well as the additional conditions listed below:
1. 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 on the property. 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/wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands ;
2. The culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing
stream dimensions (including the pattern and profile) are to be maintained above and below locations of each
culvert. The culvert shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream
grade shall be re-established, or if the pipes are installed in a perched manner then the pipes shall be
removed and re-installed correctly;
NorthCarolina _ ?
,NaAtra!!ry (TDEN R
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
0](Y) 733-1796 (nhone). 919-733.6993 (fax). (httn- h2n enr.state.ne.ns neicetlanrls)
Page 2
3. 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,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices (BMP) shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such BMP:
a. The design, installation, operation, and maintenance of the erosion and sediment control measures (the
measures) must be such that they equal, or exceed, the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design Manual (the Manual).
b. The measures shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with project.
c. The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.
5. Sediment and erosion control measures should not be placed in wetlands or waters. However, if placement
of sediment and erosion control devices in wetlands and waters is unavoidable, the devices shall be removed
and the natural grade restored within six months of the date the Division of Land Resources has released the
project.
6. Continuing Compliance. Centex Homes shall conduct its activities in a manner consistent with state water
quality standards (including any requirements resulting from 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 Centex Homes and the USACOE, 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 Centex Homes in writing, and shall be provided to the USACOE 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.
7. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify the DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC
Division of Water Quality upon completion of the project. Please send photographs upstream and
downstream of each culvert site to document correct installation along with the Certificate of Completion form.
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.
i
Page 3
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 the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit - Cyndi Karoly
Central Files
File Copy
Greg Antemann - Carolina Wetland Service