20120550 Ver 1_Approval Letter_20120614

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
June 14 2012
DWQ# 12 0550
Cabarrus County
Mr Jeff Moody
Alley Williams Carmen & King
120 S Main Street
Kannapolis NC 28082
Subject 8th Street Culvert Kannapolls
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Moody
You have our approval in accordance with the general certification and those conditions listed below
to impact 146 linear feet (If) of an unnamed tributary to Irish Buffalo Creek in order to replace the existing
culvert in Cabarrus County as described in your application received by the Division of Water Quality (DWQ)
on June 1 2012 After reviewing your application we have determined that this project is covered by Water
Quality General Certification Number 3883 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 3 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
1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced
2 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
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 T i' Carohna
Phone [phone]Tax [phone]\Customer Service 1 877-623 6748 y+ /
Internet http//portal ncdenr org/web/wq `/a, atU a`ry
An Equal Opportunity/Affirmative Action Employer—50/ Recycled/10/ Post Consumer Paper

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
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 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
6 Continuing Compliance The applicant (City of Kannapolis) 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
-�7ta
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for Charles Wakild P E
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
MRO Land Quality
Michael Brame ECS Carolinas

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NCURR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
June 14, 2012
DWQ# 12-0550
Cabarrus County
Mr. Jeff Moody
Alley Williams Carmen & King
120 S. Main Street
Kannapolis, NC 28082
Subject: 8th Street Culvert, Kannapolis
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Moody:
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 146 linear feet (If) of an unnamed tributary to Irish Buffalo Creek in order to replace the existing
culvert in Cabarrus County, as described in your application received by the Division of Water Quality (DWQ)
on June 1, 2012. After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3883, which can be viewed on our web site at
http://Portal.ncdenr.o[g/web/wq/swp/ws/401. The General Certification allows you to use Nationwide Permit
Number 3 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:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. 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.
Mooresville Regional Office One
Location 610 East Center Avenue,Suite 301,Mooresville,NC 28115 N4ki-thCarolina
Phone-[phone]Tax [phone]\Customer Service. 1-877-623-6748 I f�
Internet http-//portal.ncdenr.org/web/wq ah aC`�
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

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.
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. 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.
6. Continuing Compliance. The applicant (City of Kannapolis) 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, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Michael Brame, ECS Carolinas