20120001 Ver 1_Approval Letter_20120130

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
Mr Delbert W Puro
625 Cook Rd
Cleveland NC 27013
Subject Stream Crossing Cook Road Puro Tract
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Puro
Dee Freeman
Secretary
January 30 2012
DWQ# 12 0001
Rowan County
You have our approval in accordance with the general certification and those conditions listed below
to impact 85 linear feet (If) of unnamed stream to Beaver Dam Creek in order to construct the road in Rowan
County as described in your application received by the Division of Water Quality (DWQ) on December 30
2011 and subsequent information on January 23 2012 After reviewing your application we have determined
that this project is covered by Water Quality General Certification Number 3821 which can be viewed on our
web site at http //portal ncdenr orq /web /wq /swp /ws /401 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
1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced
2 Culverts placed in streams /wetlands shall be Installed in the dry Immediately upon completion of the
installation water flow shall be returned to Its natural course Existing stream dimensions (Including the
cross section dimensions pattern and longitudinal profile) must be maintained (or restored via
constructed benches) above and below the location of the culvert If the existing culvert becomes
perched the appropriate stream grade shall be re established or if the pipes are Installed in a perched
manner the pipes shall be removed and re Installed correctly
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 �aturatlr�
Internet http //portal ncdenr org /web /wq
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper

3 Deed notifications or similar mechanisms shall be placed on all retained Jurisdictional wetlands waters and
protective buffers in order to assure compliance for future wetland water and buffer impact These
mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is
appropriate A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http //h2o enr state nc us /ncwetlands The text of the sample deed notification may be modified as
appropriate to suit to this project Submit a copy to the Central Office and regional office prior to
impacts
4 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
5 Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of nprap or other bank hardening methods If nprap is necessary it shall not be placed in the
streambed unless approved by DWQ
6 Stormwater 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
7 An approved stormwater management plan is required if built upon area exceeds 24% of a drainage
area The plan shall be submitted to the 401 Oversight and Express Permitting Unit (1650 Mail Service
Center NC 27699 1650) or approved delegated authority within 60 days of the issuance of the 401 Water
Quality Certification The storm water management plan shall be approved in writing by this Office or
delegated authority before the impacts specified in this Certification occurs Plans submitted to DWQ for
approval shall include full size grading and drainage plans BMP sizing information delineated drainage
areas surface area sizing data design calculations plan sheets w /planting plans and a signed /notarized
Operation and Maintenance agreement(s) The storm water best management practices are required to be
appropriate for the surface water classification and designed to remove at least 85% TSS according to the
most recent version of the NC DENR Storm water Best Management Practices Manual These facilities
must be designed to treat the runoff from the entire project unless otherwise explicitly approved by DWQ
Also before any permanent budding is occupied at the subject site the storm water management plan shall
be implemented and the facilities shall be constructed and operational The approved structural storm
water practices as well as drainage patterns must be maintained in perpetuity No changes to the structural
storm water practices shall be made without written authorization from DWQ
8 No waste spoil solids or fill of any kind shall occur 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
9 Sediment and erosion control measures 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
10 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
11 Continuing Compliance The applicant (Delbert Puro) 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 Karen
Higgins in the Central Office in Raleigh 919 807 6360
Sincerely
(,-7A o V-,,
for Charles Wakdd P E
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
Gerald Grant 2351 Simonton Rd Statesville NC 28625