20120614 Ver 1_Approval Letter_20120712

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E
Governor Director
Mr Donald Duncan
City of Conover
P O Box 549
Conover NC 28613
Subject Bunker Hill /Oxford Schools Sewer Line
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Duncan
Dee Freeman
Secretary
July 12 2012
DWQ# 12 0614
Catawba County
You have our approval in accordance with the general certification and those conditions listed below
to Impact 130 linear feet (If) of stream In order to construct the sewer line for in Catawba County as described
in your application received by the Division of Water Quality (DWQ) on June 20 2012 After reviewing your
application we have determined that this project is covered by Water Quality General Certification Number
3884 which can be viewed on our web site at http //portal ncdenr orq /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
1 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
2 The stream shall be returned to their original elevation and profile upon completion of the impact No rip rap
is required Should rip rap be placed in the channel it shall be embedded to allow free flow of water and kept
to a minimal length of stream
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
Mooresville Regional Office
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 Nort�lCarollna
Phone [phone]�Fax [phone] Customer Service 1 877 623 -6748 �atura!!r�
Internet http /lportal ncdenr org /web/wq
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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 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
7 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
8 Continuing Compliance The applicant (City of Conover) 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
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
MRO Land Quality