20070419 Ver 1_Staff Comments_20070502

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 2, 2007
DWQ# 07-0419
Iredell County
Mr. Howard Bryan
Superior Properties of Iredell Limited Partnership
P.O. Box 1654
Statesville, NC 28687
Subject: Restaurant Site, Charlotte Highway, Troutman
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bryan:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 240 linear feet of perennial unnamed tributary to Kerr Branch in order to construct a restaurant
in Iredell County, as described in your application received by the Division of Water Quality (DWQ) on
March 6, 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. This 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. 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.
N~°ehCarolina
~afurally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterqualit~rg 610 East Center Ave, Suite 301 Mooresville, NC 281 IS Fax [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

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 Wetlands Restoration Fund administered by 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 one month from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration
Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin
Number
Stream 240 linear feet Yadkin/03-04-01-02
Wetlands acres
Waters acres
4. A final, written stormwater 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) within 60 days of the issuance of the 401 Water
Quality Certification. The stormwater management plan shall be approved in writing by this Office
before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3631. You
have the option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee with the plan.
The stormwater management plan must include plans, specifications, and worksheets for
stormwater management facilities that are appropriate for the surface water classification and
designed to remove at least 85% TSS according to the most recent version of the NC DENR
stormwater Best Management Practices Manual. These facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality.
Also, before any permanent building is occupied at the subject site, the facilities (as approved by this
Office) shall be constructed and operational, and the stormwater management plan (as approved by
this Office) shall be implemented. The structural stormwater practices as approved by this Office as
well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
5. stormwater 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.
6. The proposed twenty-five foot buffers shall be restored with native species vegetation to provide
stream shading and water quality protection.
7. No waste, spoils, solids, or fill of any kind shall be placed 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 devices 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 (Superior Properties of Iredell Limited Partnership) 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 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.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian Mc Millan, Wetlands Unit
Central Files
Pamela Bowman - WNR