20061530 Ver 2_Approval Letter_20070117

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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
January 17, 2007
DWQ# 06-1530, Version 2
Gaston County
Mr. Ben Graves
Johnson Development Associates, Inc
961 E. Main Street, P.O. Box 3524
Spartanburg, SC 29304-3524
Subject: Kings Mountain IV Sanitary Sewer Outfall, Kings Mountain
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Graves:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 60 linear feet (If) of perennial stream (unnamed tributary to Crowders Creek) and 30 If
(temporary impact) of intermittent stream (UT to Crowders Creek) in order to construct three sewer
crossings in Gaston County, as described in your application received by the Division of Water
Quality (DWQ) on November 16, 2006 and additional information received on January 16, 2007.
After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3374, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This General Certification allows you to use Nationwide Permit
Number 12 once it is 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. Design and placement of culverts and other structures 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
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widening of the streambed). Existing stream dimensions (including pattern and profile) are to be
maintained above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as prevent headcutting of the stream. If any of
the culverts are or become perched, the appropriate stream grade shall be re-established or, if the
culverts are installed in a perched manner, the culverts shall be removed and re-installed correctly.
3. The establishment of native, woody 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.
4. No waste, spoils, solids, or fill of any kind shall be placed 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 exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
5. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
6. Continuing Compliance. The applicant (Johnson Development Associates, Inc.) 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 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 by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
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`#4rAlan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
Todd Love -Cavanaugh & Associates