20061323 Ver 1_Approval Letter_20070323

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t~~lichaet F. Easley, Governor
Wiliam G. Ross 7r., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 23, 2007
DWQ# 06-1323
Gaston County
Mr. Joe Garmon
P.O. Box 669003
Charlotte, NC 28266
Subject: Highway 16, Mount Holly
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Garmon:
You have our approval, in accordance with the attached conditions and those listed below, to impact
150 linear feet (If) of unnamed stream to Mountain Island Lake in order to develop the subject property in
Gaston County, as described in your After-the-Fact application received by the Division of Water Quality
(DWQ) on November 2, 2006. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.uslncwetlands. The General Certification allows you to use Nationwide Permit Number
39 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. 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.
3. 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 subject site. The storm water 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 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 Division of Water Quality.
No°ehCarolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
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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.
5. Continuing Compliance. The applicant (Mr. Joe Gorman) 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,
~~~.~.~-~ ~~ ~z- _,
for Alan W. Klimek, P.E.
Attachment
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Gaston County Natural Resources
Becky Fox, EPA
Central Files
File Copy
Kim Fortner