20121089 Ver 1_Approval Letter_20130111

Pat McCrory
Governor
Mr. Mark Holoman
864 Linda Lane
Charlotte, NC 28211
4
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Director
Subject: Holoman Residence Drainage Pipe
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holoman:
John E. Skvarla, III
Secretary
January 11, 2013
DWQ# 2012 -1089
Mecklenburg County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 145 linear feet (If) of an unnamed tributary of McMullen Creek in order to install a drainage pipe
around your home Mecklenburg County, as described in your application received by the Division of Water
Quality (DWQ) on December 6, 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: / /r)ortal.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. 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.
Mooresville Regional Office
Location 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone- (704) 663 - 1699 \Fax: [phone]\ Customer Service. 1- 877 - 623 -6748
Internet http• / /portal.ncdenr org/web/wq
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
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3. 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.
4. 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.
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. 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.
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. Please send photographs of the upstream and
downstream sides of each culvert site to document correct installation, along with the Certificate of
Completion form.
8. Continuing Compliance. The applicant (Mr. Mark Holoman) 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
cgdifying 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 1508 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.
DWQ 2012 -1089

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This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mr. Michael Burkhard in the Mooresville Regional Office at 704 - 663 -1699 or Ms.
Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Energy, Mineral, and Land Resources
DWQ 2012 -1089
Sincerely,
for Charles Wakild