20070575 Ver 1_Approval Letter_20070411

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~4ichael 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
April 11, 2007
DWQ# 07-0575
Union County
Mr. Keith Dacus
McCar Homes
10150 Mallard Creek Rd., Ste. 106
Charlotte, NC 28262
Subject: Billy Howey Road Widening
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dacus:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.034
acre of wetland in order to construct a turn lane and sidewalk on Billy Howey Road in Union County, as
described in your application received by the Division of Water Quality (DWQ) on April 3, 2007. After reviewing
your application, we have determined that this project is covered by Water Quality General Certification
Number 3404, 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 14 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. 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.
3. 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.
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. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
NorthCarolina
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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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5. Continuing Compliance. The applicant (McCar Homes) 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 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 Alan W. Klimek, P.E.
Attch: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Becky Fox, EPA
Central Files
File Copy
Tamp Bandy, WNR