20080851 Ver 1_Approval Letter_20080808

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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
August 8, 2008
DWQ# 08-0851
Gaston County
Mr. Mark Richardson
Greenway Development Co.
22717 Honeywind Ct.
Fort Mill, SC 29708
Subject: Evergreen Landing S/D
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Richardson:
You have our approval, in accordance the general certification and those conditions
listed below, to impact 209 linear feet (If) of an unnamed tributary to Smyre Creek in order to
construct the project in Gaston County, as described in your application received by the Division
of Water Quality (DWQ) on May 20, 2008 and subsequent information submitted on August 7,
2008. After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Number 3607, 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 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:
1. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced.
2. 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.
3. Use of riprap should be minimized as much is practicable.
Mailing Address Phone [phone] Location one
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 N hCarolina
Mooresville, NC 28115 alumIllf
Mooresville, North Carolina
Internet: www.ncwateraualitv.ore Customer Service 1-877-623-6748
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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.
5. Prior to construction, 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 plans shall be approved in writing by this Office
(or local delegated authority authority, copy of plan and approval letter submitted to DWQ).
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 or local delegated authority) shall
be constructed and operational, and the storm water management plan (as approved by this
Office or local delegated authority) 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.
6. 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 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.
7. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within two months of the date the Division of Land Resources has released the project.
8. 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.
9. Continuing Compliance. The applicant (Greenway Development Co.; Mark Richardson)
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 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.
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 Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Gaston County Soil and Water
Central Files
File Copy
Lia Guest, ECS, 8702 Red Oak Blvd. Suite A, Charlotte, 28217