20090501 Ver 1_Approval Letter_20090605

Awilao
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Mr. E. Reese Gibson
4512 River Road
Stanfield, NC 28163
Subject: Chestnut Place, Phase II
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Gibson:
Dee Freeman
Secretary
June 5, 2009
DWQ# 09-0501
Union County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 385 linear feet (If) of unnamed stream (perennial and intermittent) to West Fork Twelve Mile Creek in
order to construct the subdivision in Union County, as described in your application received by the Division of
Water Quality (DWQ) on May 4, 2009. 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/ncwetiands. 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. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Storm Water: 1) Deed restrictions limiting impervious area on each lot to less than 24% is required and shall
be recorded prior to change of ownership, 2) a storm water management plan may be submitted, or 3) an
increase in open space. Any of these alternatives is acceptable. Failure to provide written notification to
the Mooresville Office of the preferred choice within 60 days of this notice may result in the withdrawal of this
Certification.
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.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NofthCarohna
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?????y,/?
Internet: www.ncwaterauality.oro ?/ L ,1
An Eoual Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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. 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.
6. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from
DWQ. If approved, they shall be removed and the natural grade restored within two months of the date of
the close out/stabilization of the given drainage area.
7. 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.
8. Continuing Compliance. The applicant (Reese Gibson) 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,
e---7; --t ,l
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Len Rindner