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Home My WebLink About20091015 Ver 1_Approval Letter_20091013NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Mr. James McKnight 255 Rolling Hill Rd. Mooresville, NC 28117 Subject: Hollybrook Subdivision APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. McKnight: Dee Freeman Secretary October13, 2009 DWQ# 09-1015 Iredell County You have our approval, in accordance with the general certification and those conditions listed below, to impact 0.022 acre of wetland and 146 linear feet (If) of unnamed stream to Coddle Creek in order to construct the Hollybrook Subdivision in Iredell County, as described in your application received by the Division of Water Quality (DWQ) on September 28, 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 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: The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. 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. 3. 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. Mooresville Regional Office One Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 Internet: www.ncwaterauality.org Natu&4 An Equal Opportunity/Affirmative Action Emolover - 50% Recvcled/10% Post Consumer Paper 4. Wetland(s) shall be identified and 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. A copy(s) shall be submitted to DWQ. 5. Curb and gutter storm water system is not proposed for this site. The site is below 24% impervious. A formal written storm water management plan is not required. However, 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. Also storm water runoff shall be discharge at least 30 If from a wetland/stream. 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. 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. 8. Continuing Compliance. The applicant (Mr. James McKnight, David McKay and Betty Mckay) 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, --7714 k-,, for Coleen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Len Rindner Certificate of Completion D"WQ Project No. oe? -a ZI-S County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 't L Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No.: Date: Notice Of Initiation of Construction DWQ Project No. Applicant: Project Name:_ Date of Issuance of 401 Water Quality Certification: Upon initiation of impacts approved by the issuance of this 401 Water Quality Certification/Buffer Authorization, the applicant is required to return this notice (condition 91 per approval) to: DWQ-SWP Section, Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Or Fax to the attention of Alan Johnson at: 704-663-6040 Applicant/Authorized Agent's Certification 1, , hereby state that, to the best of my abilities, due care and diligence the approved impacts have begun to be constructed. The proposed impacts are to be installed/constructed/completed within substantial compliance and intent of the 401 Water Quality Certification/Buffer Rule Authorization, the approved plans and specifications, and other supporting materials. Date of initiation of Construction: Signature: To be completed by DWQ County: Date: Title: