20070486 Ver 1_Approval Letter_20070518

!~-'ichael F gar ley, ilovernor
William G. Rus> Ir.. Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.??. Director
Division of L~-ater Quality
May 18, 2007
UWQ# 07-0486
Lincoln County
Mr. Jake Helder
Burton Creek Development
P.O Drawer 99
Monroe, NC 28111
Subject: Burton Creek Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dt~ar Mr. Helder:
You have our approval, in accordance witty the attached conditions and those listed below, to fill 0.487
acre of wetland and to impact 81 linear feet (If) of an unnamed tributary to Lake Norman in order to construct
the Burton Creek Development in Lincoln County, as described in your application received by the Division of
Water Quality (DWQ) on March 19, 2007. Alter reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3631, 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 29 once it is issued to you by the tJ.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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. 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.
3. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course.
4. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or Erosion
of the stream. banks.
Oise
NorthCarolina
Naturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
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5. 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
associated with this project shall meet, and/or flxcec^d, those requirements specified in the most recent
version of the north Carolina Sediment and Erasion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
6. 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. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
7. Continuing Compliance. The applicant (Mr. Jake Helder, Burton Creek, LLC) 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 far an adjudicatory hearing. You
n~iust 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 1506 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 Alan W. Klimek, P.E.
Attachments: Certificate of Completion
cc:: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Becky Fox, EPA
Central Files
File Copy
Greg Antemann- CWS