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
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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
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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
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