20120439 Ver 1_Approval Letter_20120529

A
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr Robert Wallace
c/o Mr Mike Downs
15712 Cabarrus Rd
Charlotte NC 28227 6454
Subject Midland Site Hwy 601/Wallace Rd
Charles Wakild P E
Director
APPROVAL After the Fact 401 Water Quality Certification with Additional Conditions
Dear Mr Wallace
Dee Freeman
Secretary
May 29 2012
DWQ# 12 043
Cabarrus County
You have our approval in accordance with the general certification and those conditions listed below
to impact 299 linear feet (If) of unnamed tributary of Muddy Creek for the installation of the culvert at the site in
Cabarrus County as described in your application received by the Division of Water Quality (DWQ) on April
25 2012 and subsequent information on May 24 2012 After reviewing your application we have determined
that this project is covered by Water Quality General Certification Number 3886 which can be viewed on our
web site at http //portal ncdenr org /web /wq /swp /ws /401 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 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
2 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 Hh2o enr state nc us /ncwetlands The text of the sample deed notification may be modified as
appropriate to suit to this project A copy shall be submitted to the Mooreseville Regional Office
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NO Carolina
Phone [phone] \Fax [phone]\ Customer Service 1 877 623 6748 /
Internet http / /portal ncdenr org /web /wq a&rally
An Equal Opportunity /Affirrnative Action Employer — 50 A Recycled /10 / Post Consumer Paper

3 Existing stream dimensions (including the cross section dimensions pattern and longitudinal profile)
must be maintained (or restored via constructed benches) above and below the culvert As discussed at
the site Please provide photos upon completion of the stream work at the site This work must be
completed within 90 days of issuance of this certification
4 Mitigation shall be provided if total permanent impacts exceed 149 linear feet of stream
5 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
6 Prior to construction of any future structures /buildings a final written storm water management
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 building 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
You have the option of using the Express Review Program for expedited approval of these plans If you
propose to use the Express Review Program remember to include the appropriate fee
7 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
8 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
9 Continuing Compliance The applicant (Robert Wallace /Cabarrus County) 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 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 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
--T� 'j lc- -
for Charles Wakild P E
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
MRO Land Quality