20051978 Ver 2_Approval Letter_20070202

F vvN~F
O~Q 9QG Michael F. Easley, Governor
~ ~ William G. Ross Jr., Secretary
~" North Carolina Department of Environment and Natural Resources
~ _ i . --I
~ ~ `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 subject ~°~fc iii°a

North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Shuford
Page 3
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.
Sincere) ,,~
Y,
~ ,,.
~..~--
.~'° °~
~:._.--
.~ __- ,
_~ 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