HomeMy WebLinkAbout20081722 Ver 1_Approval Letter_20081218o`W A r?R?G
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 18, 2008
DWQ# 08-1722 II
Union County
Mr. Chris Plate
City of Monroe
3900 Paul J Helms Dr.
Monroe, NC 28110
Subject: Goldmine Road Relocation
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Plate:
You have our approval, in accordance with the general certification and those
conditions listed below, to impact 245 linear feet (If) (125 If, perennial) of unnamed
stream in order to relocated Goldmine Road in Union County, as described in your
application received by the Division of Water Quality (DWQ) on November 18, 2008 and
subsequent information submitted on December 18, 2008. After reviewing your
application, we have determined that this project is covered by Water Quality General
Certification Number 3704, 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 14 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. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced.
Mailing Address Phone (704) 663-1699 Location one
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 No hCarolina
Mooresville, NC 28115 Mooresville, North Carolina Naturally
Internet: www.newatercluality.org Customer Service 1-877-623-6748
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2. Once the old road has been abandon, the old culverts shall be removed and the
stream restored.
3. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained (or restored via constructed benches) above
and below the locations of each culvert. If any of the existing pipes are or become
perched, the appropriate stream grade shall be re-established or, if the pipes installed
in a perched manner, the pipes shall be removed and re-installed correctly. Culverts
placed in streams/wetlands shall be installed "in the dry". Immediately upon
completion of the installation, water flow shall be returned to its natural course.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Continuing Compliance. The applicant (City of Monroe, Chris Plate) 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 in the Central Office
in Raleigh 919-733-9721.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Eric Mularski, HDR