20071372 Ver 1_Approval Letter_20070824

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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
August 24, 2007
DWQ# 07-1372
Cabarrus County
Mr. Jerry McSorley
DPE Investments, Inc.
18033 John Conner Rd.
Cornelius, NC 28031
Subject: Fisher Lake S/D
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Sorley:
You have our approval, in accordance with the attached conditions and those listed below, to
fill 0.04 acre of wetland and to impact 147 linear feet (If) of unnamed stream to Fisher Lake in order to
construct subdivision in Cabarrus County, as described in your application received by the Division of
Water Quality (DWQ) on August 10, 2007. 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/regcert.html). 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:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has corrlrrtenced.
2. 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 tl~e pipes
installed in a perched manner, the pipes shall be removed and re-installed correctly. No` Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
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3. 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.
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 the DWQ.
5. 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.
6. The development, at minimum, must meet the local watershed/water supply rules.
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 401M/etlands Unit of the NC Division of Water Quality. Please send
photographs of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
10. Continuing Compliance. The applicant (DPE Investments, Inc., Jerry McSorley) 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 ldCAC 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 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,
~S ~
for Coleen H. Sullins
Attachment: Certificate of Completion Form
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Cabarrus County, Development Services
Becky Fox, EPA
Central Files
File Copy
Christina Raymer, CESI