20031006 Ver 1_Approval Letter_20030915

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O? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\ Alan W. Klimek, P.E., Director
Division of Water Quality
,C Coleen H. Sullins, Deputy Director
Division of Water Quality
September 15, 2003
REP 2 ? 2003 DWQ# 03-1006
Union County
Mr. Thomas Sheridan
233 Madison Ave.
Irvington, NJ 07111
HATERQUALITYSESON
APPROVAL of 401 Water Quality Certification with Additional Conditions, Oak Grove Subdivision-
Lot 20
Dear Mr. Sheridan:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.16 acre of
jurisdictional wetlands and 146 linear feet of perennial streams in order to construct`a road crossing on lot 20 of
the Oak Grove Sudivision in Union County, as described in your application received by the Division of Water
Quality (DWQ) on August 13, 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
htta://h2o.enr.state.nc.us/ncwetlands. This Certification allows -1 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) Sediment and Erosion Control, Non-
Discharge, and Water Supply Watershed. This Certification 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 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 culvert 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;
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); ??
NCDEKGt
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) 733-17R6 (nhone). 919-733-6R93 (fax). (httn-: h2o.enr.state.nc.uc ncwetlands)
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. 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 certication 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 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
Randy Veltrie