20120529 Ver 1_Approval Letter_20120607

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NCDENIt
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Ms. Yvette Dills
211 Rainbow Dr.
Stanley, NC 28164
Subject: Dill Residence, Driveway
Charles Wakild, P. E.
Director
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Dills:
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Dee Freeman
Secretary
June 7, 2012
DWQ# 12 -0529
Gaston County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 20 linear feet (If) of unnamed stream in order to install a culvert for a driveway in Gaston County, as
described in your application received by the Division of Water Quality (DWQ) on May 31, 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.o[g /web /wg /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. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Should build upon area exceed 24 %, a stormwater management plan is required.
3. 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 locations of each culvert. If any of the existing pipes are or become perched,
the appropriate stream grade shall be re- established or, if the pipes 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, (704) 663 - 1699 \Fax. [phone]\ Customer Service 1- 877 - 623 -6748 �atur- &
Internet. http.Hportal.ncdenr.org /web /wq
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4. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
streambed, unless approved by DWQ.
5. 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.
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. 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.
8. Continuing Compliance. The applicant (Yvette Dills) 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,
for Charles Wakild, P.E.
Attachments
cc: Army Corps of Engineers, Asheville