20051059 Ver 1_Approval Letter_20050912

_
~ W gTF Michael F. Easley, Governor
9QG
O~O William G. Ross Jr., Secretary
Uj ~ North Carolina Department of Environment and Natural Resources

~ '~ Alan W. llimek. P.E, Director
~ ~ Division of Water Quality
September 12, 2005
DW4# 05-1059
Lincoln County
Mr. Don Moe
Martin Marietta Materials
P.O. Box 7446 0 ~ ~ ~ ~ V
Charlotte, NC 28241 f 1
Subject: Denver Quany, Stream Crossing S ~ r' 2 6 2005
APPROVAL of 401 Water Quality Certification with Additional Conditions csr~a , w~rsR outil.lrY
WEiUWpS AND S~IWATER BRANCH
Dear Mr. Moe:
You have our approval, in accordance with the attached conditions and those listed below, to impact
130 linear feet (If) of unnamed tributary to Killians Creek in order to construct a road crossing in Lincoln
County, as described in your application received by the Division of Water Quality (DWQ) on June 13, 2005
and modification received on September 8, 2005. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3404, which can be viewed on our web
site at htt~~//h2o.enr.state.nc.uslncwetlands. The General Certification allows you to use Nationwide Permit
Number 14 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. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The planting of native vegetation and other soft streambank 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 stream bed, unless approved by the DWQ.
3. Stormwaterdlscharge-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.
4. 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. ~ ~
No Carolina
~atura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opporhtn'dy/Affirrnative Aclion Empbyer- 50°~ Recyded/10°~ Post Consumer Paper

5. Continuing Compliance. The applicant (Martin Marietta Materials) 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 fetter 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,
~, j c-~ ~.Ga-~--L
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Land Quality, MRO
Ceritral Files