20100329 Ver 1_Approval Letter_20100709

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 9, 2010
DWQ# 10-0329
Iredell County
Mr. Marshall Ellis
NC Parks/Recreation
1615 Mail Service Center
Raleigh, NC 27699-1615
Subject: Itusi Trail Project, Lake Norman State Park
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ellis:
You have our approval, in accordance with the general certification and those conditions listed below, to impact
10 linear feet (If) of unnamed stream to Lake Norman in order to construct the bike trail in Iredell County, as
described in your after-the-fact application received by the Division of Water Quality (DWQ) on May 5, 2010
and subsequent information received on July 8, 2010. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3821, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetlands. 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. Use of native vegetation and other soft stream bank 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
streambed, unless approved by the DWQ.
2. Continuing Compliance. The applicant (Lake Norman State Park) 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
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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 ar, -hin 60 da,,Is of the date that you receive this letter. To ask for a hearing, send a written
petition that errs 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,
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for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit