20081221 Ver 1_Approval Letter_20080825

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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 25, 2008
DWQ# 08-1221
Mecklenburg County
Ms. Lydia McNeary
1436 Queens Rd., West
Charlotte, NC 28207
Subject: NC Highway 29 -East Mallard Creek Church Rd. Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. McNeary:
You have our approval, in accordance the general certification and those conditions
listed below, to impact 277 linear feet (If) of an unnamed intermittent stream to Mallard Creek in
order to construct the proposed development in Mecklenburg County, as described in your
application received by the Division of Water Quality (DWQ) on August 12, 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. 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. 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.
Mailing Address Phone [phone] Location one
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 NNaturally
Mooresville, NC 28115 Mooresville, North Carolina
Internet: www.newaterguality.org Customer Service 1-877-623-6748
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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. 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 mechanicsms 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. 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.
6. 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.
7. Prior to construction, 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 authority) 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 delegated authority, copy of plan and approval letter submitted to DWQ). 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 or local delegated authority) shall
be constructed and operational, and the storm water management plan (as approved by this
Office or local delegated authority) 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.
8. 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.
9. 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.
10. 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.
11. Continuing Compliance. The applicant (Messrs. Grey Poole and Mark Poole) 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 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
for Coleen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Len Rindner