20071256 Ver 1_Approval Letter_20070809

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August 9, 2007
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project #07-1256
Montgomery County
Mr. Ric L. Floyd
1402 Hawkstone Drive
Waxhaw, North Carolina 28173
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Lot 99, Southpoint, Uwharrie Point
Badin Lake (030708, 12-(124.5), WS IV, B, CA)
Dear Mr. Floyd:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0213 acres (928 sq. feet) of open water (Badin Lake) below the normal
pool lake level for the purpose of placing rip-rap as described in your application dated July18, 2007,
and received by the Division of Water Quality on July 23, 2007. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification No. 3639
(GC3639). This Certification allows you to use General Permit Number 198200030 when issued by
the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with
any other required federal, state or local permits before you proceed with your project including (but
not limited to) Erosion and Sediment Control and Non-discharge regulations. Also, this approval to
proceed with your proposed project or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total fills for this project (now or in the future) exceed
one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as
described in 15A NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed below.
Additional Conditions
The following impacts are hereby approved, as indicated in your application, as long as all of
the other specific and general conditions of this certification are met. No other impacts are
approved, including incidental impacts.
Placement of rip-rap, 232'x 4'- 0.0213 acres, in accordance with application.
No thCarolina
,Naturally
North Carolina Division of Water Quality 225 Green Street- Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Ric L. Floyd
August 9, 2007
Page 2
2. No Waste, Spoil, Solids, or Fill or any kind
No wastes, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface water standards:

a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
4. 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 six months of the date that the Division of Land Resources has released the project.
5. Protective Fencing -The outside buffer, wetland, or water boundary, and along the
construction corridor within the boundaries approved by this authorization shall be clearly
marked with orange warning fencing (or similar high visibility material) for the areas that have
been approved to infringe within the buffer, wetland or water prior to any land disturbing
activities to ensure compliance with 15A NCAC 2B. 0233 and GC 3404.
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the
attached Certificate of Completion to the 401 Oversight/Express Review Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit.

Ric L. Floyd
August 9, 2007
Page 3
If you do not accept any of the conditions of this Certification (associated with the approved wetland
or stream impacts), 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, which conforms to Chapter
I SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 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 contact Ken Averitte of the Fayetteville Regional Office
at [phone].
Sincerely,

Coleen H. Sullins
CHS/ka
Enclosures: GC 3639
Certificate of Completion
cc: Emily Burton, USACE Wilmington Regulatory Field Office
DLR, FRO
Central Files
Cyndi Karoly, 401/Wetlands Unit
Ian McMillan, 401/Wetlands Unit
DWQ, FRO
Mont.Ric.Floyd071256.401

DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Partial Final
Date:
Engineer's Certification
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date