20120604 Ver 1_Approval Letter_20120712

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
Mr David Benenhaley
9216 Black Road
Midland NC 28107
Subject Pond Construction and Removal of Pond
After The Fact Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Benenhaley
Dee Freeman
Secretary
July 12 2012
DWQ# 12 0604
Union County
You have our approval in accordance with the general certification and those conditions listed below
to impact 660 linear feet (If) of unnamed stream ( 85 ft for dam) in order to complete the pond project in Union
County as described in your application received by the Division of Water Quality (DWQ) on June 28 2012
After reviewing your application we have determined that this project is covered by Water Quality General
Certification Number 3890 which can be viewed on our web site at
http //portal ncdenr org /web /wg /swp /ws /401 The General Certification allows you to use Nationwide Permit
Number 29 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 Work shall initiate Immediately The Mooresville Regional Office shall be notified in writing once
construction at the approved Impact areas has commenced
2 The lower pond /dam shall be removed and the stream returned to its original location and confluence
downstream The pond level shall be lowered gradually (< 1 foot/day) Contact the Mooresville Office
once the pond has been drained so that restoration of the stream and upper dam can be discussed
3 The septic line crossing the stream must be strengthened and protected to prevent discharge to the stream
in case of leakage /damage
4 The upper dam /driveway crossing shall be repaired to prevent further erosion of the dam
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarohna
Phone [phone]Fax [phone]\ Customer Service 1 877 623 6748 //�
Internet http //portal ncdenr org /web /wq �atwral
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper

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 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
7 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
8 Continuing Compliance The applicant (David Benenhaley) 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
''—tn
for Charles Wakild P E
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit