HomeMy WebLinkAbout20061341 Ver 1_Approval Letter_200612150~~~ W ArFR pG
`? r
>_ ~
D ~
Mr. Andrew McCoy
John Wieland Homes
8325-D Arrowridge Blvd.
Charlotte, NC 28273
Subject:. Olmstead S/D and Sewer Trunk Line
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
December 15, 2006
DWQ# 06-1341
Mecklenburg County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McCoy:.
You have our approval, in accordance with the attached conditions and those listed below, to impact
725 linear feet (If) (135 If perennial/important intermittent) of unnamed intermittent and perennial tributaries to
Ferrelltown Creek in order to construct the Olmstead Development in Mecklenburg County, as described below
and in your application received by the Division of Water Quality (DWQ) on August 29, 2006.
Impact Type Length of Impact
Permanent rip rap/fill) 450 If
Relocate 210 If
Temporary 275 1f
After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3402 and 3374, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The Certification allows you to use Nationwide Permit Numbers 12 and
39 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 regtired by (but not
limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certifications will expire when the associated 404 permits expire unless otherwise
specified in the 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. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
'proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional we#,lhnds~aa d
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shale
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: ncwaterquality.org FAX (704) 663-6040 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
4. 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.
5. We understand that this is phase I of the project. Mitigation may be required for further impacts at the site.
This may be conducted through contributing to the Ecosystem Enhancement Program (EEP). The In-Lieu-
Of-Fee Coordinator should be contacted at (919) 715-0476 if you have any questions concerning the EEP.
6. The planting 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.
7. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the stream
banks.
8. A final written storm water management plan shall be approved, in writing, by this office or local governing
authority prior to the construction of any permanent facilities at the site. The storm water facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the DWQ. Also,
before any permanent building is occupied at the 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 facilities shall be made without
written authorization from the DWQ.
9. 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.
10. Sediment and erosion control devices 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.
11. 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.
12. Continuing Compliance. The applicant (John Weiland Homes) 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 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,
or Alan VV. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy .
Greg Antemann