HomeMy WebLinkAbout20031093 Ver 1_Approval Letter_20031023F VU ti rF Michael F. Easley, Governor
O 9 William G. Ross Jr., Secretary
\?? OG North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
> Division of Water Quality
~ Coleen H. Sullins, Deputy Director
Division of Water Quality
WETLANDS 1401 GROUP
OCT 2 8 2003
Mr. Jeff Edwards
Edwards Land & Timber, LLC
P.O. Box 219
Marshville, NC 28103
WATER QUALITY SECTION
October 23, 2003
DWQ# 03-1093
Union County
APPROVAL of 401 Water Quality Certification with Additional Condition, Quintessa Subdivision, Union
County
Dear Mr. Edwards:
You have our approval, in accordance with the attached conditions and those listed below, to impact 270
linear feet of perennial and intermittent streams and .17 acres of wetlands for the construction of a dam/road
crossing and driveway for the proposed Quintessa subdivision on Underwood Rd., in Union County as described
in your application received by the Division of Water Quality (DWQ) on September 25, 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.ne.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. Please
note that you should get any other federal, state or local permits before you proceed with your project, including
(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed.
This 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.
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;
NMENR
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)
(919) 733-1786 (phone), 919-733-6893 (fax), (ttttn://h2o.enr.state.ne.us/mwetlands)
Customer Service #: 1-877-623-6748
- Page 2
The Applicant must submit a plan and receive written approval from this Office to address any head cutting
that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert). Native
vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip
rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality;
3. 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.
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.
Be advised that any stream/wetland impacts associated with any new sections/phases that are planned for
this site will be considered cumulative and may require further mitigation.
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
Central Files
File Copy