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Home My WebLink About20031501 Ver 1_Approval Letter_20030109W A TF Michael P. Easley, Governor 0 9 William G. Ross Jr., Secretary r `O? QG North Carolina Department of Environment and Natural Resources Uj Alan W. Klimek, P.E., Director > Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 9, 2003 DWQ# 03-1501 Mecklenburg County Ms. Amanda Wallis Centex Homes ?`?TL.A???'/401 4235 South Stream Blvd., Suite 400 (3ROUp Charlotte, NC 28217 Subject: Matthews Grove Subdivision, McKee Rd./Matthews-Weddington Rd. JAN 1 2 2004 APPROVAL of 401 Water Quality Certification with Additional Conditions ATE t', , v r ,i,. SE, CTdo° 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 Grove Subdivision in Mecklenburg 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:/lh2o.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; N?oitnCarolina Ar ?Vatura!!y'aEtyR 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) t919) 711-1796 (nhone). 919-733-6R93 (6xl. (httn• h2o enr state. ne ns ncwetlands) ,v 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 Manuao. 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 fonn. 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. 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