HomeMy WebLinkAbout20090750 Ver 1_Approval Letter_20090721NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor
Mr. Brandon Cornelius
China Grove Ventures, LLC
170 Dutch Farm Road
Rockwell, NC 28138
Subject: Central Place II Development
Director
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cornelius:
Dee Freeman
Secretary
July 21, 2009
DWQ# 09-0750
Rowan County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 93 linear feet (If) of unnamed tributary to Cold Water Creek in order to construct the development in
Rowan Union County, as described in your After-The-Fact application received by the Division of Water Quality
(DWQ) on July 6, 2009. After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Number 3705, 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
39 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. 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.
2. A twenty-five buffer, at minimum, shall be established on each side of the stream flowing through the site.
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is
appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 One
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Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 thCarolina
Internet: www.ncwaterauality ong Natza?/
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3. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
streambed, unless approved by the DWQ.
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. 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) within 60 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by DWQ (or local approved
delegated authority, copies submitted to the 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
DWQ (or local delegated authority). Also, before any permanent building is occupied at the subject site,
the facilities shall be constructed and operational, and the storm water management plan shall be
implemented. The structural storm water practices as approved as well as drainage patterns must be
maintained in perpetuity. Once approved, No changes to the structural storm water practices shall be
made without written authorization from the DWQ or local delegated authority.
6. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from
DWQ. If approved, they shall be removed and the natural grade restored within two months of the date of
the close out/stabilization of the given drainage area.
7. Continuing Compliance. The applicant (China Grove Ventures, LLC; Brandon Cornelius) 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,
'EA v5 ?--
for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Loyld Pace, Rowan County, Sediment Erosion