20120198 Ver 1_Approval Letter_20120402

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
April 2012
DWQ# 12 0198
Iredell County
Mr J Young
Town of Mooresville
2523 Charlotte Hwy
Mooresville NC 28115
Subject Mt Mourne Gravity Outfall
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Young
This letter replaces the Notice Issued on March 22 2012 You have our approval in accordance with
the general certification and those conditions listed below to impact 0 725 acre of wetland and 510 linear feet
(If) (temporary) of unnamed tributary and West Branch Rocky River in order to construct the sewer line in
Iredell County as described in your application received by the Division of Water Quality (DWQ) on February
22 2012 and subsequent Information submitted on March 21 2012 After reviewing your application we have
determined that this project is covered by Water Quality General Certification Number 3890 which can be
viewed on our web site at http Hportal ncdenr orq /web /wa /swp /ws /401 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 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
2 All wetlands streams surface waters and riparian buffers located on the project site where Impacts are not
allowed shall be clearly marked (example orange fabric fencing) prior to any land disturbing activities
3 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
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NO Carolina
Phone [phone] \Fax [phone] Customer Service 1 877 623 6748
Internet http / /portal ncdenr org/web/wq atura!!tf
An Equal Opportunity/Affirmative Action Employer — 50/ Recycled /100/ Post Consumer Paper

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
5 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
6 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
7 Continuing Compliance The applicant (Town of Mooresville) 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 150B 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 Ms Karen
Higgins in the Central Office in Raleigh 919 807 6360
Sincerely
for Charles Wakild PE
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
MRO Land Quality
Jennifer Robertson Atlas Env P 0 Box 882 Canton NC 28716