20001449 Ver 1_Approval Letter_20001204

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Q ity
. ~ ~ ~ e
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James B. Hunt, Jr., Governor -~-
Bill Holman, Secretary.
Kerr T. Stevens, Director
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NORTH CAROLINA DEPARTMENT CF
ENVIRONMENT AND NATURAL RESOURCES
December 4, 2000
Gaston Counry
DWQ Project x 001-t49
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Bob Dienst
Dienst Enterprises
125 Easton Dove
Mooresville, NC 23117
Dear Mr. Dienst:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.13acres of wetlands
and 660 linear feet of streams for the purpose of constructing a residential development (Beatty Road residential development) as described in
your application dated November 17, 2000. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 14 and 39. These cenifications allow you to use Nationwide Permit Numbers 3239 and 3'_37 when the Corps of
Engineers issues them. [n addition, you should het any other federal, state orlocal permits before you ~o ahead with your project includine
(but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Dischazge and Water Supply Water shed regulations. This
approval will expire when the accompanying 404 or C~+u1•IA permit expires unless otherwise specified in the f:eneral Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. [f you change
your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be liven a
copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland tills for this project
(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and 17). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below.
I. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this
letter or the issuance of the 404 Permit (whichever is la[er).
2. An additional condition is that a final, written stormwater management plan shall be approved by this Office for the townhorne areas
before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for
stormwater management facilities designed to remove 85'a° TSS according to the most recent version of the NC DE.VR Stormu•arer Besr
Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this
Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented.
3. All road crossing impacts shall be less than or equal to I50 linear feet.
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, which conforms to Chapter 1506 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 2761 I-7447. 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. [f you have any questions.
please telephone John Domey at 919-733-9646.
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Todd SL John
Len Rindner
Si erely,
. Stevens
Division of Water Quality Wetlands/401 Unit
1621 Mail Service Center • Raleigh NC 27669-1621 • Telephone [phone] • FAX # [phone]
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