HomeMy WebLinkAbout20061168 Ver 2_Approval Letter_20070731o~CF vv H i FRQG
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Michael F. Easley, Go
William G. Ross Jr., Secs .
North Carolina Department of Environment and Natural Resor
Coleen H. Sullins, D~~
Division of Water C`
July 31, 2(
DWQ# 06-116f3
Mecklenburg C~.:
Mr. Bob Pifer
Carolina Golf Club
P.O. Box 668023
Charlotte, NC 28266
Subject: Carolina Golf Club Improvement Project
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Pifer:
You have our approval, in accordance with the attached conditions and those listed below, to flood
2180 linear feet (If) (380 If of hard impact) of unnamed stream to Irwin Creek in order to complete the projec'
Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on
June 25, 2007 and subsequent submitted information. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3631, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetlands. 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Prior to any work related to restoring/enhancing the streams on site, a plan (including success criteria and
monitoring) shall be submitted for approval from DWQ and should include a reference reach with all pertinent
details (structures, stream alignment) regarding the stream work. Expected completion date: May 31, 2008.
3
Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you
wish to make a payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation
requirement. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem
Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The
EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration
fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment to meet the following compensatory mitigation requirement:
Noe Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: ncwaterqulaity.org FAX (704) 663-6040 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Compensatory Mitigation
Re uired River and Sub-basin
Number
Stream 380 (feet) Catawba (03050103)
Wetlands (acres)
Waters acres
4. 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.
5. 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 the DWQ.
6. Storm water 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. 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. 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 Division of Water Quality.
10. Continuing Compliance. The applicant (Carolina Golf Club) 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 the Division of Water Quality 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. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
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for Coleen H. Sullins
Attachments: Certificate of Completion Form
EEP Form
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Chris Huysman, Env. Natural Res.