20071226 Ver 1_Approval Letter_20070907

O~O~ W AT ~9~G
r
~_ ~
~ ~
Michael F. Easley, Governor
William G. Ross Ir., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 7, 2007
DWQ# 07-1226
Gaston County
Mr. Edward Kale, III
Dutchman's Creek Development, LLC
1400 Harding Place, Ste. 100
Charlotte, NC 28204
Subject: Dutchman's Creek Golf Course and Residential Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Kale:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.45
acre of wetland and to impact 684 linear feet (If) (280 If, perennial stream) of unnamed stream to Dutchman's
Creek in order to construct the golf course and subdivision in Gaston County, as described in your application
received by the Division of Water Quality (DWQ) on August 13, 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 commenced.
2. Prior to the initiation of any work at the site, representative photos shall be submitted of the streams
(existing condition) at the location of the proposed road crossings as well as a benthic
macroinvertebrate study using accepted protocols from all streams that will be impacted at the
site within the project limits.
3. A twenty-five foot (25 ft.) buffer shall be placed on all streams within the fairways. Small shrubs shall be
utilized along the stream bank to maintain stream shading. The remainder of the buffer may be establish
as a natural rough. Fertilizers and herbicides should not be utilized within the buffer. A planting plan shall
be submitted to the regional office for approval.
Noe Carolina
~atura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

4. Post construction storm water controls shall, at minimum, meet the local watershed/water supply
regulations. As proposed, storm water facilities shall be constructed at the clubhouse and maintenance
area. In addition, storm water discharge structures at this site shall be constructed in a manner such that
the potential receiving streams will not be impacted due to sediment accumulations, scouring or erosion of
the stream banks.
5. A copy of an approval letter for the storm water management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting
Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
6. 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.
7. 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.
8. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is
appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
9. 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 [phone] 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 the EEP to meet the following compensatory mitigation
requirement:
Compensatory Mitigation
Re uired River and Sub-basin
Number
Stream 280 feet Catawba 3050101
Wetlands acres
Waters acres
10. 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.
11. 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.

12. 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.
13. 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. Please send photographs
of the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
14. Continuing Compliance. The applicant (Dutchman's Creek Development, LLC; Edward Kale, III) 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 bindirig 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,
/ ~ ~ ~~.-
for Coleen H. Sullins
Attachment: Certificate of Completion
GC 3631
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Gaston County Natural Resources
Becky Fox, EPA
Central Files
File Copy
Len Rindner