20070289 Ver 1_Approval Letter_20070323

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Mr. John Redden
P.O. Box 126
Mooresville, NC 28115
Subject: Redden Commercial Village, Troutman
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Redden:
Alan W'. Klimek, P.E. Director
Division of Water Quality
March 23, 2007
DWQ# 07-0289
Iredell County
You have our approval, in accordance with the attached conditions and those listed below, to
impact 300 linear feet of perennial and 350 linear feet of intermittent unnamed tributary to Kerr
Branch in order to construct Redden Commercial Village in Iredell County, as described in your
application received by the Division of Water Quality (DWQ) on February 19, 2007. 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.us/ncwetlands. This 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. 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 Division of Water Quality Phone [phone]
Internet: www.ncwaterquality.or; 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
Michael F. Easley, l;overnor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
No ehCarolina
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Customer Service
1-877-623-6748
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3. Mitigation must be provided for the proposed impacts as specifi:~d in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by the
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program
Office), no impacts specified in this Authorization Certificate si-~all occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into a restoration fund.
You have one month from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration
Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin '~,
Number
Stream 300 (linear feet) 03040102
Wetlands (acres)
Waters acres)
4. A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting
Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification. The stormwater management plans shall be approved in writing by this
Office before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3402.
For 303(d) listed waters, this condition also requires extended detention wetlands, bio-retention
areas, and ponds followed by forested filter strips (designed according to the latest version of the
NCDENR stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan. You have the option of using the Express Review Program for
expedited approval of these plans. If you propose to use the Express Review Program, remember
to include the appropriate fee with the plan. The stormwater management plan must include plans,
specifications, and worksheets for stormwater management facilities that are appropriate for the
surface water classification and designed to remove at least 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 projecf, 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.
5. stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
6. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.

7. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date the
Division of Land Resources has released the project.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/VVetlands Unit of the NC Division of Water Quality.
9. Continuing Compliance. The applicant (John Redden) 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 #hat 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 by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely, ~
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forAlan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian Mc Millan, Wetlands Unit
Central Files
Leonard Rindner