20080323 Ver 2_Approval Letter_20080418

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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
April 18, 2008
DWQ# 08-0323V2
Iredell County
Mr. Matthew Wilson
Landcraft Properties, Inc.
1435 Morehead St., Ste. 135
Charlotte, NC 28208
Subject: Additional Impacts, Sutter's Mill Subdivision
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wilson:
You have our approval, in accordance the general certification and those conditions listed
below, to temporarily impact 73 linear feet of Weathers Creek in order to construct a pedestrian
bridge in Iredell County, as described in your application received by the Division of Water Quality
(DWQ) on April 11, 2008. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3705, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands/index.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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. All additional condition of the previously issued 401 Certification remains in effect.
No e hCarolina
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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. 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.
4. Continuing Compliance. The applicant (Landcraft Properties, Inc; Matthew Wilson) 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 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,
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for Coleen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Iredell County, Sediment/Erosion
Central Files
File Copy
Ms. Linda Diebolt, ARCADIS, 801 Coporate Center Dr., Ste. 300, Raleigh, 27607