20170750 Ver 1_Approval Letter_20170824

ROY COOPER
r;^ Governor
MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY Director
24 August 2017
DWR# 17-0750
Cabarrus County
Ms. Jennifer Owens
US COE
69 Darlington Ave.
Wilmington, NC 28403
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Stricker Branch Stream Restoration Project
Dear Ms. Owens:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated June 15, 2017 and
received by the Division of Water Resources (the Division) on June 16, 2017 and subsequent
information received on August 21, 2017. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Numbers 4087 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-.general-certifications. The
General Certification allows you to use Nationwide Permit Number 27 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 Certifications will expire when the associated 404 permits expire
unless otherwise specified in the General Certifications. It is advised that all conditions of the
Certifications are reviewed prior to initiation of the project. In addition to the requirements of the
Certifications, 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)
State of North Carolina I Environmental Quality I water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, INC 27699-1611
919.7079000

3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
3817 linear ft.
Wetland
0 acre
0 acre
Every effort should be made to protect the existing tree canopy, which includes
utilizing properly sized equipment.
5. Root wads, should be placed facing the stream flow, to properly dissipate stream energy.
6. 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. 15A NCAC 02H .0506(b)(5)
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. Willaim F. Lane General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 2 769 9-1611
919.707.9000

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,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Bullard, Teresa, Army Corps Engineers, Teresa. R. Bullard(o)usace.army.mil
Sue Hyde, City of Concord, hvdes((Dconcordnc.aov
Karen Higgins, Wetlands Unit (email)
MRO, Land Quality
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 27699-1611
919.707.9000