20070455 Ver 1_Approval Letter_20070326

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ivlichael 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
March 26, 2007
DWQ# 07-0455
Mecklenburg County
Mr. Michael Lunsford
Valley Development
1064 Van Buren Avenue
Indian Trail, NC 28079
APPROVAL of 401 Water Quality Certification and Isolated Wetlands Permit with Additional
Conditions
Dear Mr. Lunsford:
You have our approval, in accordance with the attached conditions, to place permanent fill in
0.147 acre of jurisdictional 404 wetlands, 0.486 acre of isolated waters, and to impact 678 linear feet
(If) of intermittent stream in order to develop the site in Mecklenburg County, as described in your
application received by the Division of Water Quality on March 12, 2005 and in additional
correspondence received March 26, 2007. After reviewing your application, we have determined that
this fill is covered by General Water Quality Certification Number 3402 and State General Permit for
Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). The General Certification allows
you to use Nationwide Permit Number 29 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 permits expire 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
Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds on the property. 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 later). A sample deed notification format can be downloaded from the
401M/etlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
No e hCarolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
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2. Stormwater discharge points shall be constructed in a manner such that the potential receiving
streams (of the discharge) at the site will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All construction
activities shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
4. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and
maintenance of such BMP in order to protect surface water standards:
a. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow pit sites, and waste pile (spoil)
projects, including contractor-owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the North
Carolina Surface Mining Manual.
c. The reclamation measures and implementation of these measures must be in accordance
with the requirements of the Sedimentation Pollution Control Act.
5. Sediment and erosion control measures 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.
6. 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.
7. Continuing Compliance. The applicant (Michael Lunsford) shall conduct its activities in a manner
consistent with state water quality standards (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 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 150B 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,
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-Alan W. Klimek, P.E. `~
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Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Central Files
File Copy
Angelique Crews