20001449 Ver 1_Approval Letter_20030408

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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
April 8, 2003
Beatty Road Development
Gaston County
DWQ Project #: 001449
APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS
Mr. Bob Dienst
Dienst Enterprises
125 Easton Drive
Mooresville, NC 28117
Dear Mr. Dienst:
This Certification replaces the one issued December 4, 2000. You have our approval, in
accordance with the attached conditions, to impact .18 acres of wetlands and 600 linear feet of stream
or waters for the purpose of constructing a residential development as you 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 3402 and 3404, which may be viewed on our website
at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Numbers
39 and 14 when the Corps of Engineers issues it. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and
.Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA 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 ~''
except as modified below. If 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 given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills 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 (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
2. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands

in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
3. All road crossing impacts shall be less than or equal to 150 feet.
4. An additional condition is that a final, written stormwater management plan for Townhouse
Area D shall be approved in writing by this Office before the impacts specified in this
Certification occur. The final written stormwater plan for Townhouse Area B must be
approved in writing before nay development activities begin on that site. The stormwater
management plan must include plans and specifications for stormwater management facilities
that are appropriate for surface waters classified as C and designed to remove 85% TSS
according to the most recent version of the NC DENR Stormwater 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) shall be
constructed and operational, and the stormwater management plan (as approved by this Office)
shall be implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
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 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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. If you have any questions, please telephone Alan Johnson at our Mooresville Regional
f Office at [phone].
Sincerely,
1
W. HIimek, P.E., D' ector
JRD/bs
Attachments
cc: Corps of Engineers Ahseville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Len Rindner, 3714 Spokeshave Lane, Matthews, NC 28105