HomeMy WebLinkAbout20071220 Ver 2_Approval Letter_20071022~~~~ w a rF9p~
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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
October 22, 2007
DWQ# 07-1220 V2
Rowan County
Mr. Michael Moore
Correll Farms of Salisbury, LLC
P.O. Box 1439.
Granite Quarry, NC 28072
Subject: Correll Farms/St. James Place, Phase II
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Moore:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.24
acre of wetland and to impact 74 linear feet (If) of unnamed stream to Sloans Creek in order to develop the site
in Rowan County, as described in your application received by the Division of Water Quality (DWQ) on October
17, 2007. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3627, 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 14 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. 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.
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.
No°e Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 281 I S Plione (704) 663-1699 Customer Service
Internet: ncwaterqulaity.org FAX (704) 663-6040 1-877-623-6748
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4. 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.
5. A final, written 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 or local governing) within 60 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by this Office (or local
governing authority with copy provided to DWQ) before the impacts specified in this Certification occur per
Condition No. 3631 in GC No. 4. 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 storm water management plan must include construction plans,
specifications, storm water BMP worksheets, and supporting calculations. The storm water best
management practices are required to be appropriate for the surface water classification and designed to
remove at least 85% TSS according to the most recent version of the NC DENR Storm water 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 storm water management plan (as approved by this Office) shall be implemented. The structural
storm water practices as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the structural storm water practices shall be made without written authorization
from the Division of Water Quality.
6. Previous impacts at the site were 125 If of stream. The additional stream impact of 74 If exceeds the 150 If
threshold, thus requiring mitigation for 219 If of stream impact. 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 the EEP to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin
Number
Stream 219 feet Yadkin 3040102
Wetlands (acres)
Waters acres
7. 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.
8. 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.
9. The development must meet all conditions of the watershed/water supply rules.
10. 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.
11. 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.
12. 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.
13. Continuing Compliance. The applicant (Correll Farms of Salisbury, LLC; Michael Moore) 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,
/ (f d «_
for Coleen H. Sullins
Attachment: Certificate of Completion Form
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Rowan County, Sediment Erosion Control
Central Files
File Copy
Wendell Overby