20030645 Ver 1_Approval Letter_20031009

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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
Coleen H. Sullins, Deputy Director
Division of Water Quality
WETLANDS 1401 GROUP
Mr. Howard Hawks
Mill Point Development, LLC
3405 South Fairway Drive
Burlington, NC 27215
OCT 15 2003
WATER QUALITY SECTION
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hawks:
October 9, 2003
DWQ# 03-0645
Alamance County
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.067 acre of
wetlands in order to construct a Con-Span Bridge System across a perennial reach of Gum Creek in the Mill
Point Development (Phase III) in Alamance County, as described in your application received by the Division of
Water Quality (DWQ) on May 28, 2003 and in additional correspondence received on July 2, 2003 and August
14, 2003. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3404 which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. 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 proceed with your
project including (but not limited to) permits required by 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 certifications, as well as the
additional conditions listed below:
1. There is to be no excavation or fill to the streambed or banks of Gum Creek. Where stream bank
stabilization is necessary, 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 specifically approved in writing by the Division
of Water Quality.
2. Upon completion of the. project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ 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 which
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
iGSO.Mai1 Service Center, Raleigh, NC 27699-1650 (Mailing Address)
iJC 27604-2260 (Location)
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NCDENR
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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-
4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
_ Sincere)
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Todd Ball, AMEC Earth and Environmental, Inc. of North Carolina, 200 South Old Statesville Road,
Huntersville, North Carolina 28078,