20071814 Ver 2_Approval Letter_20110214

X?
jNCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 14, 2011
DWQ# 07-1814V2
Stanly County
Ms. Christine Miller
Baker Engineering NY, Inc.
1447 S Tryon Street, Suite 200
Charlotte, NC 28203
Subject: Big Cedar Creek Stream Restoration (Repair)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Miller:
You have our approval, in accordance with the attached conditions and those listed below, to impact
9,515 linear feet (If) of stream to in order to conduct the stream repair work for the proposed restoration project
in Stanly County, as described in your application received by the Division of Water Quality (DWQ) on
February 8, 2011. 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://h2o.enr.state.nc.us/ncwetlands/regcert.html). 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:
1. Monitoring: A general site inspection shall be conducted at least semiannually. An annual report shall be
submitted to DWQ once the proposed analysis is completed (Section 7.1- 7.3). Benthic monitoring shall also
be included in the stream performance analysis as proposed in the application.
2. The soil shall be prepared/amended as required to provide for an optimum growing season.
3. Existing stream substrate (where practicable) shall be utilized as "seed" material for the new channel.
4. Continuing Compliance. The applicant (Baker Engineer NY, Inc.) shall conduct all activities in a manner so
as not to contravene any state water quality standard (including any requirements for compliance with section
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 t?? //?
Internet: ht_tp://portal.ncdenr.ora/webwg J? ? ? ?/atuL l
An Eaual Oooortunity/Affirmative Actior Emolover - 50% Recvcled/10% Post Consumer Paper
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 1508 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 Mr. Ian McMillan at the Central Office in Raleigh.
Sincerely,
for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Christine Miller, Baker Engineering