20180144 Ver 1_Approval Letter_20180214

ROY COOPER
Governor
MICHAEL S. REGAN
Secrelmy
Water Resources LINDA CULPEPPER
Environmental Quality Interim Director
14 February 2018
DWR# 18-0144
Cabarrus County
Mr. Scott Bosco
Griffin Industrial Realty, LLC
204 West Newberry Rd.
Bloomfield, CT 06002
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
4530 Poplar Tent Rd. Site
Dear Mr. Bosco:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated January 25,2018
and received by the Division of Water Resources (the Division) on January 30, 2018. After
reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 4139 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 39 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
- "'^N�thing Cornhares"-:__.
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0linear ft.
133 linear ft.
Wetland
0 acre
0.199 acre
3. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
4. During the construction of the project, no staging of equipment of any kind is permitted
in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
5. 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)
6. The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General
Statute 1506 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. William F. 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,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Charlotte, email
Brandon Fulton, ECS, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality