HomeMy WebLinkAbout20110119 Ver 1_Approval Letter_20110315I rte
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NCDENit
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Mr. Ray Maxwell
Gaston County
PO Box 1578
Gastonia, NC 28053
Subject: High Shoals Interconnect
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Maxwell:
Dee Freeman
Secretary
March 15, 2011
DWQ# 11-04162-
Gaston County Y
11-oIkq
You have our approval, in accordance with the general certification and those conditions listed
below, to impact 400 linear feet (If) of (130 If, permanent; 270 If, temporary) stream (Long Creek and
tributaries to South Fork) in order to construct the project in Gaston County, as described in your
application received by the Division of Water Quality (DWQ) on February 3, 2001 and additional
information received on March 11, 2001. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3689, which can be viewed on
our web site at http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to
use Nationwide Permit Number 12 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq lYatmallry
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2. Rip rap shall not be utilized unless required, as discuss in the field. If utilized it shall be
embedded into the stream bed to maintain the existing grade of the channel.
3. 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. Existing stream dimensions
(including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or
restored via constructed benches) above and below 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.
4. 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 DWQ.
5. 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.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
7. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date
the Division of Land Resources has released the project.
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 DWQ.
9. Continuing Compliance. The applicant (Gaston County) 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 DWQ 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 Mr. Ian McMillan in the Central Office in Raleigh.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Eric Mularski, HDR