20051978 Ver 1_Approval Letter_20051128

O~Q~ ~~ H ~ FRPG Michael F. Easley, Governor
~ ~ William G. Ross Jr., Secretary
~- North Carolina Department of Environment and Natural Resources
~_ ~
O 'C Alan W. Klimek, P.E. Director
Division of Water Quality
February 2, 2007
DWQ# 05-1978
Catawba County
Mr. Hunt Shuford
P.O. Box 2228
Hickory, NC 28603
Subject: Shuford-Tate Blvd. PU-MU Development, Version #2
APPROVAL of 401 Water Quality Certification and Isolated Wetlands Permit with Additional
Conditions
Dear Mr. Shuford:
You have our approval, in accordance with the attached conditions and those listed below, to
rill 0.074 acre of wetland, 0.3775 acre of isolated wetland and 92 linear feet (If) of stream (Millers
Branch and an unnamed tributary) in order to construct the subject development in Catawba County,
as dFSCribed in your application received by the Division of Water Quality (DWQ) on January 24,
2007. After reviewing your application, we have determined that this project is covered by General
Water Quality Certification Number 3402 which can be view at our website:
http://h2o.enr.state.nc.us/ncwetlands and the State General Permit for Impacts to Isolated Wetlands
and Isolated Waters (IWGP100000). 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
A final written storm water management plan shall be approved in writing by this Office prior to
the construction of any permanent facilities at the subject site. The storm water 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 subjectN°°~tura~~~a
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 281 IS Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
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Shuford
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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 facilities shall be made without written
authorization from the Division of Water Quality.
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. 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.
5. A final written storm water management plan shall be approved in writing by this Office prior to
the construction of any permanent facilities at the subject site. The storm water 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
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. 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.
8. 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.
9. 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.
Continuing Compliance. The applicant (Hunt Shuford) 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 Shuford

Shuford
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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, ~ .~
;'
~! ~r ~'
.~-_. _,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Toni Norton, Catawba County
Becky Fox, EPA
John Vilas
Central Files
File Copy