20200859 Ver 1_Corrected Approval Letter_20200825

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 25, 2020
DW R# 20-0859
Union County
Mr. John Shutak, PE
Union County
500 N. Main Street, Ste. 500
Monroe, NC 28112
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Yadkin Regional Water Supply Project
Dear Mr. Shutak:
You have our approval, in accordance with the General Certification and those conditions listed below,
for the purpose proposed in your application dated June 29, 2020, and received by the Division of Water
Resources (the Division) on July 2, 2020. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 4133 which can be viewed on our web site at
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-
buffer-permits/401-401-isolated-wetlands-waters-program The General Certification allows you to use
Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers (COE). 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. It is advised that all conditions of the Certification are reviewed prior to
initiation of the project. In addition to the requirements of the Certification, you must also comply with the
following conditions:
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 total wetland fills for this project (now or in the future) exceed one
acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory
mitigation may be required. 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. 15A
NCAC 02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced. 15A NCAC 02H .0502 (e)
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
vOry rN Cx:40:.itiA �
B.. a Io E".w^^�"��a°:r� /� 704.663.1699

3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
6719 linear ft. (excavate)
0 linear ft.
Wetland
1.173 acre
1.594 acre (convert)
Open Water
0.38 acre (excavate)
0.26 acre (fill)
4. Wetlands with temporary impacts shall be replanted with native species vegetation (grass, trees, etc).
No riprap or other hard stabilization proposed for the numerous stream crossings proposed for the
project.
5. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes
interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as specified in the table
below. The Division has received notification/acceptance from the Division of Mitigation Services (DMS)
to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Authorization Certificate shall
occur. For accounting purposes, this Certification authorizes payment to meet the following
compensatory mitigation requirement:
Compensatory
River and Sub -basin Number
Mitigation
Required
Wetland Riparian
0.049 acre
Yadkin (03040104)
0.659 acre
Yadkin (03040105)
1:1 ratio
Wetlands Non -Riparian
0.886 (acres)
Yadkin (03040105)
1:1 ratio
7. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification,
any violation of stream or wetland standards [including but not limited to sediment impacts, and any
violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time the
applicant becomes aware of the circumstances. The written submission shall contain a description of
the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 02B .0200
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)

9. Upon completion of the project, the applicant shall complete and return a "Certificate of Completion" form
to the 401/Wetlands Branch of the Division using the following link:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing
a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's
Office at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1) copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following
the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division 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.
Sincerely,
EA
DocuSigned by:
4-. u H Nuft for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email
Tony Nardo, HDR, Anthony. nardo hdrinc.com
DWR 401 & Buffer Permitting Branch file
Kelly Williams, DMS, email
MRO, Land Quality

20-0859
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Union County has permission as outlined below to impact 6719
linear feet of stream, 2.767 acres of wetland and 0.64 acre of open water in order to proceed with the utility line
in Union County, North Carolina. All activities associated with these authorized impacts must be conducted
with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
6,719 linear feet of stream
2.767 acre of wetland
0.64 acre open water impact
Regional
Union/Stanly Regional
Yadkin (03040105/03040104)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the nearest foot
and acreage requirements must be rounded to one -quarter acre increments according
to 15A NCAC 2R .0503(b).
Mitigation:
0.708 acre of riparian wetland required (1:1)
0.886 acre of non -riparian wetland required (1:1)
Mitigation:
0.049 acre (riparian, 04 HUC), 0.659 acre (riparian, 05 HUC), and 0.886 acre (non -riparian, 05 HUC) of
wetland by the DMS required for the 401 Water Quality Certification. In correspondence dated July 6, 2020,
the DMS indicated that up to a total of 2.76 acre of wetland mitigation would be conducted by DMS if available
within the cataloging unit. More may be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the DMS per 15A NCAC 2R .0503. If you choose this option, please sign this form and
mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE EEP.
Signature
Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be
returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No. Date