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HomeMy WebLinkAbout20060916 Ver 1_Approval Letter_20060803Michael F. F,asley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.F. Director Division of Water Quality August 3, 2006 DWQ# 06-0916 Mecklenburg County Mr. Gordon Glascow New Vermillion, LLC i 3815 Cinnabar Place Iiuntersville, NC 28078 Subject: New Vermillion, Phase 4 APPROVAL of 401 Water Quality Certification with Additional Conditions Q~~~od~~ AUG 0 8 2006 DENR -WATER QUALITY V1IETLANDS AND STORAMtATER BRANCH Dear Mr. Glascow: You hav€: our approval, in accordance with the attached conditions and those listed below, to impact 239 linear feet of unnamed tributaries to Clarke Creek in order to construct the New Vermillion Subdivision in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on June 1, 2006 and additional information received on July 31, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, 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: 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. NonhCarolina ,Nrr~urrrlly North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: ncwaterqualily.org FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper 3. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order to compensate for the impacts to the wetland. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program), the wetland impact shall not occur. The In-Lieu-Of Fee Coordinator should be contacted at (919) 715-0476 if you have any questions concerning the EEP. You have one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the impact of 222 linear feet of stream in the Catawba River Basin, (Cataloging Unit 03040105) for which mitigation is required. Please be aware that the EEP rules require rounding of to the nearest foot (15A NCAC 2R .0503(b)). 4. 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. 5. A final written storm water management plan (for the high density development area) shall be approved, in writing, by this Office prior to the construction of any permanent facilities at the site. The storm water facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the site, the facilities (as approved by this Office) shall be constructed and operational, and the storm water management plan (as approved by this Office) shall be implemented. The structural storm water practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural storm water facilities shall be made without written authorization from the Division of Water Quality. G. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 7. Sediment and erosion control devices 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. 3. Continuing Compliance. The applicant (New Vermillion, LLC) 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 rr7et (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 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, ~J for Alan W. Klimek, P.E. cc: Army Corps of Engineers, Asheville Cyndi Karoly, Wetlands Unit Len Rindner Becky Fox, EPA Central Files File Copy