20201051 Ver 1_Approval Letter_20201203

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 3, 2020
DWR# 20-1051
Union County
Mr. John Shutak, P.E.
500 North Main St.
Monroe, NC 28112
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
853W Zone Improvement Project
Dear Mr. Shutak:
You have our approval, in accordance with the General Certification and those conditions listed below,
for the purpose proposed in your application submitted on August 14, 2020, and fee received by the Division of
Water Resources (the Division) on August 19, 2020, and subsequent information on November 20, 2020.
These impacts are covered by the attached Water Quality General Certification Number 4133. This
certification is associated with the use of Nationwide Permit Number 12 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. The Division has determined that the proposed project will comply with
the water quality requirements provide that you adhere to the conditions listed in the certification and the
additional condition listed below.
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project, you must
notify the Division and you may be required to submit a new application package with the appropriate fee. If
the property is sold, the new owner must be given a copy of this Certification and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2)].
The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced. 15A NCAC 02H .0502 (e)
2. Approved Impacts, no other impacts including incidental impacts are approved:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
411 linear ft. (stabilization)
331 linear ft. (riprap)
Wetland
0.062 acre
0.016 acre (conversion)
3. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes
D E QbiAi 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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interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
4. The construction of the new sewer line may result in additional development along the construction
corridor. Development of these parcels may impact additional waters and cause violations of
downstream water quality standards. The cumulative impacts for this project must be adequately
addressed by the applicant (Union County) or the applicant may assume responsibility for post
construction storm water management plan (SMP) for any development associated with this sewer
system. The SMP shall be approved prior to the initiation of land disturbance. Prior to the occupation of
any structure and/or facility, the approved SMP shall be constructed and operational. The storm water
facilities at minimum must be designed to meet state or document that the project will not impact water
quality. 15A NCAC 2H .1000, 15A NCAC 02H .0506(b)(5)
5. 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)
6. 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
7. 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)
8. 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 approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Please
be aware that by having impacted waters without first applying for and securing the issuance of a 401
Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code
(NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the
Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable
waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also
states any person desiring issuance of the State certification or coverage under a general certification
required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future
violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each
violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are
set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms
may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].

One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and
15A NCAC 02H .0500. Please contact Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.
Sincerely,
EA
DocuSigned by:
4',d4W H P44,f4 for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email
Phil May, CEI, Phil. may(a carolinaeco.com
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