20061554 Ver 1_Approval Letter_20061106

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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
November 6, 2006
DWQ# 06-1554
Cabarrus County
Mr. Kenny Propst
First Carolina .Properties
940 Lee Ann Drive, NE
Concord, NC 28025
Subject: 44-acre Wetland Delineation Site
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Propst:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 386 linear feet (If) of an intermittent tributary to Cold Water Creek in order to construct a.
commercial development in Cabarrus County, as described in your application received by the
Division of Water Quality (DWQ) on September 25, 2006 and additional information received October
18, 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 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:
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.
Noe Carolina
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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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2. 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.
3. 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.
4. A final written storm water management plan shall be approved, in writing, by this Office (or
local delegated authority). 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 site, the storm water 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.
5. 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.
6. 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.
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 (First Carolina Properties) 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 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 of the Division's Wetland Unit at 919-733-9721.
Sincerely,
forAlan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Tony Johnson, Cabarrus County
Becky Fox, EPA
Central Files
File Copy
Christina Raymer