HomeMy WebLinkAbout20201203 Ver 1_Approval Letter_20201119 ROY COOPER
Governor
MICHAEL S.REGAN 40t, '
Secretary n.0,..
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
November 19, 2020
DWR# 20-1203
Rowan County
Mr. Robert Schwartz, PE
Dominion Energy NC
220 Operation Way, MC C221
Cayce, SC 29033
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
M-217 Exposure Repair
Dear Mr. Schwartz:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated October 27, 2020, and received by
the Division of Water Resources (the Division) on November 2, 2020. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification
Number 4100 which can be viewed on our web site at https://deq.nc.gov/about/divisions/water-
resources/water-resources-perm its/wastewater-branch/401-wetlands-buffer-perm its/401-401-isolated-
wetlands-waters-program The General Certification allows you to use Nationwide Permit Number 3 &
12 once they are 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:
1. 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
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
N(1ATH CA,An.INA
OaparbrentTfEnw,onment 5T Ii5 704,663.1699
2. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 40 linear ft. 20 linear ft.
Wetland (HDWF) 0.004 acre 0.02 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. 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
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: If sending via delivery service(UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699-6714 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,
FDocuSigned by:
A4.0141.4v H P.44.e4
F161FB69A2D84A3... for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Krysta Stygar, Army Corps of Engineers, Charlotte, email
Joey Lawler, S&ME, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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: Date:
Agent'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: Date:
Engineer's Certification
Partial Final
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