20081807 Ver 1_Approval Letter_20081217

QF W ATF9 Michael F. Easley, Governor
p
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O G
? William G. Ross Jr., Secretary
co r North Carolina Department of Environment and Natural Resources

Coleen H. Sullins, Director
Division of Water Quality
December 17, 2008
DWQ# 08-1807
Rowan County
Mr. Kevin Settineri
P.O. Box 2009
Salisbury, NC 28145
Subject: Settineri Pond, 2230 Old Union Church Rd.
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Settineri:
You have our approval to impact 365 linear feet (If) (290 If, perennial) of unnamed
stream to Crane Creek in order to construct the pond in Rowan County, as described in your
"after-the-fact' application received by the Division of Water Quality (DWQ) on December 10,
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 29 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. No other stream impacts shall occur at the site.
Mitigation shall be provided for the impacts. We understand that you will make a payment to
the restoration fund administered by the NC Ecosystem Enhancement Program (EEP) for 150
linear feet (If) of stream impact as well as establish a 50 ft riparian buffer via deed
restriction/conservation easement for approximately 1,300 If of stream that flows through your
site. This has been determined by the DWQ to be a suitable method to meet the mitigation
requirement. 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.
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
No thCarol'
,11 atury
Internet: www.ncwaterguality.ore Customer Service 1-877-623-6748
An Ernial Onnnrtunity/Affirmative Action Emnlover - 50% Recvrled/10% Post Consumer Paner
3. The Mooresville Regional Office shall be provided with the paper work within 45 days
indicating the steps taken to establish the buffer (deed restriction). This shall also include a
time line for when the restriction is expected to be recorded on the plat. A copy of the final
plat shall also be provided to DWQ.
4. Use of native vegetation/trees shall be planted in the open areas along the stream at a
spacing not to exceed 10 ft on center. The buffer shall be clearly identified to allow the area to
naturalize.
5. 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.
A follow-up site inspection shall be conducted.
6. Continuing Compliance. The applicant (Kevin Settineri) 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,

for Coleen H. Sullins
Attachment
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Becky Bost, Rowan County, Sediment/Erosion
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
08-1807
In accordance with 15A NCAC 2 H .0500, Kevin Settineri has permission as outlined
below to impact 365 linear feet of stream in order to proceed with the pond construction in
Rowan County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: 2230 Old Union Church Rd.
COUNTY: Rowan
BASIN/SUBBASIN Yadkin (03040103)
Impacts:
365 linear feet of stream
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or
preservation of wetlands as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to the nearest foot and acreage requirements must be rounded to
one-quarter acre increments according to 15 2r .0503(b).
Mitigation:
150 Linear feet of stream
Mitigation:
150 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated November 13, 2008 the EEP indicated that up to 150 linear feet of
stream mitigation would be conducted by EEP if available within the cataloging unit. More may
be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you
choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the
address listed below. An invoice for the appropriate amount of payment will be sent to you upon
receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1652 Mail Service Center
RALEIGH, N.C. 27669-1652