20081241 Ver 1_Approval Letter_20080826

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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
August 26, 2008
DWQ# 08-1241
Mecklenburg County
Mr. Sajjan Dhaliwal
Jas-Am Inc.
P.O. Box 473340
Charlotte, NC 28247
Subject: 16424 Marvin Rd. (NOV-2008-OP-0115)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dhaliwal:
You have our approval, in accordance with the attached conditions and those listed
below, to impact 40 linear feet (If) of unnamed tributary to Clems Branch in order to construct
the driveway in Mecklenburg County, as described in your application received by the Division
of Water Quality (DWQ) on August 18, 2008. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3704,
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 14 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 . Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained (or restored via constructed benches) above and below locations
of each culvert. If any of the existing pipes are or become perched, the appropriate stream
grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be
removed and re-installed correctly.
2. Vegetative planting related to the stream segment that has been restored shall be monitor and
replace should they fail to thrive.
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
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3. 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.
4. Sediment and erosion control measures 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.
5. 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.
6. Continuing Compliance. The applicant (Jas-Am, Inc.; Sajjan Dhaliwal) 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 1508 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
Ian McMillan, Wetlands Unit
Central Files
File Copy
Greg Antemann, CWS