HomeMy WebLinkAbout20071738 Ver 1_Approval Letter_20071207O~O~ W A TF9QG
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Mr. Andre Giauque
Diamond Oak Development, Inc.
1234 Mann Drive, Ste. 100
Matthews, NC 28105
Subject: Prescott Village Development
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
December 7, 2007
DWQ# 07-1738
Union County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Giauque:
You have our approval, in accordance with the attached conditions and those listed below, to
fill 0.1 acre of wetland and 147 linear feet (If) of unnamed stream to Twelve Mile Creek in order to
construct Prescott Village in Union County, as described in your application received by the Division
of Water Quality (DWQ) on October 15, 2007. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3704 and 3705, which can
be viewed on our web site at http~//h2o enr state nc.us/ncwetlands/regcert.html). The General
Certification allows you to use Nationwide Permit Number 14 and 18 once they are 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:
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1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
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. No°~,ca<ol;tta
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: ncwaterqulaity.org FAX (704) 663-6040 1-877-623-6748
An Equal OpportunitylAffrmative Action Employer - 50% Recycled110% Post Consumer Paper
3. 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.
4. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local governing authority) within 60 days
of the issuance of the 401 Water Quality Certification. The storm water management plan shall
be approved in writing by this Office (or local governing authority, copy of plan and
approval letter submitted to DWQ) before the impacts specified in this Certification occur.
You have the option of using the Express Review Program for expedited approval of these plans.
If you propose to use the Express Review Program, remember to include the appropriate fee with
the plan. The storm water management plan must include construction plans, specifications,
storm water BMP worksheets, and supporting calculations. The storm water best management
practices are required to be appropriate for the surface water classification and designed to
remove at least 85% TSS according to the most recent version of the NC DENR Storm water Best
Management Practices Manual. These facilities must be designed to treat the runoff from the
entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before
any permanent building is occupied at the subject site, the facilities (as approved by this Office)
shall be constructed and operational, and the storm water management plan (as approved by this
Office) shall be implemented. The structural storm water practices as approved by this Office as
well as drainage patterns must be maintained in perpetuity. No changes to the structural storm
water practices shall be made without written authorization from the Division of Water Quality.
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. Please send
photographs of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
6. Continuing Compliance. The applicant (Diamond Oak Development, Inc.; Andre Giauque) 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 fetter 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
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Central Files
File Copy
Len Rindner