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Home My WebLink About20090750 Ver 1_Approval Letter_20090721NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Mr. Brandon Cornelius China Grove Ventures, LLC 170 Dutch Farm Road Rockwell, NC 28138 Subject: Central Place II Development Director APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Cornelius: Dee Freeman Secretary July 21, 2009 DWQ# 09-0750 Rowan County You have our approval, in accordance with the general certification and those conditions listed below, to impact 93 linear feet (If) of unnamed tributary to Cold Water Creek in order to construct the development in Rowan Union County, as described in your After-The-Fact application received by the Division of Water Quality (DWQ) on July 6, 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/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 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. 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. 2. A twenty-five buffer, at minimum, shall be established on each side of the stream flowing through the site. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Mooresville Regional Office Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 One Nor Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 thCarolina Internet: www.ncwaterauality ong Natza?/ ` `L!? An Equal Opportunity/Affirmative Action Employer - 50%a Recycled/10% Post Consumer Paper 3. 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. 4. 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. 5. 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 DWQ (or local approved delegated authority, copies submitted to the DWQ) 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 DWQ (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. Once approved, No changes to the structural storm water practices shall be made without written authorization from the DWQ or local delegated authority. 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. Continuing Compliance. The applicant (China Grove Ventures, LLC; Brandon Cornelius) 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 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, 'EA v5 ?-- for Coleen H. Sullins cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Loyld Pace, Rowan County, Sediment Erosion