20131190 Ver 1_Approval Letter_20140423

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Dusty Wentz
City of Newton
401 N. Main Avenue
Hickory, NC 28658
John E. Skvarla, III
Secretary
April 23, 2014
DWR No. 13- 1190V2
Catawba County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
South Caldwell Ave. Culvert Replacement
Dear Mr. Wentz:
This approval replaces the 401 Water Quality Certification issued on March 4, 2014. This
approval allows you to utilize Water Quality General Certification Number 3883, which can be
viewed on our web site at http: / /portal.ncdenr.orq /web /wq /swp /ws /401. The General Certification
allows you to use Nationwide Permit Number 3 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. 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. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0
57 linear ft.
(6 additional ft)
Stream (bank)
0
45 linear ft. Rip rap
Wetland
0
0 acres
3. 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.
1636 Mail Service Center, Raleigh. North Carolina 27699 -1636
Phone: 919 - 807 -64641 Internet. www.ncdenr.gov
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4. Rip rap shall be limited to the stream /creek bank.
5. Bare soil within the work area and immediately adjacent to the stream shall be covered in the
event or rain event with plastic sheeting or other material to protect the stream from excess
turbidity and sediment deposition.
6. 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.
7. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
In addition, side slope of any sediment basins shall be matted.
8. Culverts placed in streams /wetlands shall be installed "in the dry" per the general certification.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained (or restored via constructed benches) above and below the location
of each culvert.
9. Stormwater 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.
10. No sediment/erosion control measures, waste, spoil, solids, or fill of any kind shall occur in
wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the
Preconstruction Notification application without approval from the Division.
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 Division. 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 (City of Newton) 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 the Division 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, the Division 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, the Division 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.
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 (919) 431 -3000. 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 (919) 431 -3100, 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 DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
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 or Ms. Karen Higgins in the Central Office in Raleigh 919 - 807 -6360:
Sincerely,
forThomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality