HomeMy WebLinkAbout20200875 Ver 1_Approval Letter_20200825ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 25, 2020
DW R# 20-0875
Catawba County
Mr. Wes Bunch
Catawba Valley Community College
2550 Hwy 70, SE
Hickory, NC 28602
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Stream Stabilization Project
Dear Mr. Bunch:
You have our approval, in accordance with the General Certification and those conditions listed below,
for the purpose proposed in your application dated July 2, 2020, and received by the Division of Water
Resources (the Division) on July 15, 2020, and subsequent information on August 10, 2020. After reviewing
your application, we have determined that this project is covered by Water Quality General Certification
Number 4134 which can be viewed on our web site at https://deg.nc.gov/about/divisions/water-
resou rces/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 136 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 5A 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
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N. a Io E".w^^�"��a°:r� /� 704.663.1699
3. Approved Impacts:
Type of Impact
Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream
78 linear ft.
530 linear ft. (soft stable)
69 linear ft. (hard stable)
Wetland
0 acre
0 acre
4. 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)
5. Use of native vegetation and other soft stream bank stabilization techniques is recommended 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 DWR
6. 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)
7. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this Certification. 15A NCAC 02H.0506(b)(3)
8. 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
9. 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)
10. 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:Hedocs.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 (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 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:
44" H P44-ft for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Krystynka Stygar, Army Corps of Engineers, Charlotte, email
Megan Bollero, CWS, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
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