20080836 Ver 2_Approval Letter_20090121

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Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 21, 2009
DWQ# 08-0836V2
Iredell County
Mr. James Royster
Affordable Housing Group of North Carolina
1300 Baxter Street, Suite 215
Charlotte, NC 28204
Subject: Curlin Commons - Overhead Bridge Road, Mooresville
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Royster:
You have our approval, in accordance with the General Certification and the
conditions listed below, to impact 147 linear feet (If) of intermittent stream (unnamed
tributary to Back Creek) in order to construct an age restricted apartment home
development in Iredell County, as described in your application received by the Division
of Water Quality (DWQ) on January 9, 2009. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number
3704, 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 14 once it is
issued to you by the U.S. Army Corps of Engineers. This replaces the earlier
certification issued on June 10, 2008. 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.
Mailing Address Phone [phone] Location one
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 NNatmrally
Mooresville, NC 28115 Mooresville, North Carolina
Internet: www.ncwatergualitv.org Customer Service 1-877-623-6748
2. 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) 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 approved
delegated authority) before the impacts specified in this Certification occur. 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 (or local delegated authority). Also, before any permanent building is occupied
at the subject site, the facilities shall be constructed and operational, and the storm
water management plan shall be implemented. The structural storm water practices as
approved 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.
3. 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.
4. 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.
5. Culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered. Existing stream dimensions (including the cross section
dimensions and longitudinal profile) must be maintained above and below locations of
each culvert. Culverts shall be designed and installed to allow for aquatic life
movement as well as to prevent head cutting of the streams. 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.
6. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
7. Continuing Compliance. The applicant (Affordable Housing Group of North Carolina)
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 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,
r
for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
Lia Guest - ECS Carolinas