20080820 Ver 2_Approval Letter_20100929

PwxNCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
c/o Mr. Pete Faust
Mr. Joseph Mattes
1044 Lyerly Ridge Rd. NW
Concord, NC 28027
Subject: Faust/Mattes Stream Enhancement, Residence
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Faust & Mattes:
Dee Freeman
Secretary
September 29, 2010
DWQ# 08-0820V2
Cabarrus County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 391 linear feet (If) of unnamed stream to Coddle Creek in order to conduct the stream enhancement
project in Cabarrus County, as described in your modified application received by the Division of Water Quality
(DWQ) on September 20, 2010. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3689, which can be viewed on our web site at
http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use Nationwide Permit
Number 27 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. Work shall be conducted in the dry.
3. Use of woody deep rooted vegetation is strongly recommended for the stream banks to assist in stabilization.
Vegetation may be trees or shrubs.
4. 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 DWQ.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarohna
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?aturall?
Internet: http://portal.ncdenr.org/web/wq
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5. 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.
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 DWQ.
7. Continuing Compliance. The applicant (Messrs. Faust and Matte) 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 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 DWQ 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,

for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Andrea Spangler, Wildland Engineering