20061893 Ver 1_Approval Letter_20070131

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 31, 2007
DWQ# 06-1893
Lincoln County
4
Mr. David Clark, et al
P.O. Box 9
Lincolnton, NC 28212
Subject: Optimist Club Road Development
APPROVAL of 4^1 Water Quality Certification with Additional Conditions
Dear Mr. Clark:
You have our approval, in accordance with the attached conditions and those listed below, to impact
299 linear feet (If) of unnamed tributary to Forney Creek in order to develop the subject site in Lincoln County,
as described in your application received by the Division of Water Quality (DWQ) on December 8, 2006. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3402, 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 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The base flow stream channels shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands
and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be
put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A
sample deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o. enr. state. nc. us/ncwetlands.
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 site. The storm water facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the DWQ. Also, before any o„e
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
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David Clark
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permanent building is occupied at the 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 DWQ.
5. 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.
6. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in
order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC
2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program), the stream impacts shall not occur. The In-Lieu-Of-Fee
Coordinator should be contacted at [phone] if you have any questions concerning the EEP. You
have one month from the date of this Certification to make this payment. For accounting purposes, this
Certification authorizes the impact to 299 linear feet of perennial streams in the Catawba River Basin,
(Cataloging Unit 03050101); and 299 linear feet of stream mitigation is required. Please be aware that the
EEP rules require rounding of stream impacts to the nearest foot and wetland impacts to the nearest
quarter acre (15A NCAC 2R .0503(b)).
7. The planting 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.
8. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the stream
banks.
9. 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.
10. Sediment and erosion control devices 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.
11. 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. Please send photographs
of the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
12. Continuing Compliance. The applicant (David Clark) 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

David Clark
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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,
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for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Becky Fox, EPA
Central Files
File Copy
T. Cousins, Kimley Horn