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Home My WebLink About20120601 Ver 1_Approval Letter_20120712NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr Tommy Herrin Union Electric Membership Corp 1525 Rocky River Rd Monroe NC 28111 Subject Twelve Mile Creek Electrical Substation Charles Waklld P E Director APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Herrin Dee Freeman Secretary July 12 2012 DWQ# 12 0601 Union County You have our approval in accordance with the general certification and those conditions listed below to Impact 65 linear eet (If) of unnamed stream to Twelve Mlle Creek in order to construct the substation in Union County as described in your application received by the Division of Water Quality (DWQ) on June 18 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 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 1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced 2 Culverts placed in streamstwetlands 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 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 discharge shall not be within 30 feet of top of bank and the potential receiving streams will not be impacted due to sediment accumulations scouring or erosion of the stream banks Mooresville Regional Office One Location 610 East Center Avenue Suite 301 Mooresville NC 28115 N i fC/y�� arolina Phone (704) 663 1699 \Fax (704) 663 6040\ Customer Service 1 877 623 6748 G/ „�K` Q Internet htt //portal ncdenr org/webtwq y An Equal Opportunity /Affirmative Action Employer - 50 / Recycled /10 / Post Consumer Paper 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 (Union Electric Membership Corp ) 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 Wakdd P E Attachments cc Army Corps of Engineers Asheville Karen Higgins Wetlands Unit MRO Land Quality MV r Notice Of Initiation of Construction x To be completed by DWQ D`VQ Project No r Z 10k County C) t17 Applicant Project Name Date of Issuance of 401 Water Quality Certification � � s � Z� t2- Upon initiation of impacts approti ed by the issuance of this 401 Water Quality Certification/Buffer 4uthorization the applicant is required to return this notice (condition # 1 per approval) to DVv Q SWP Section Mooresville Regional Office 610 East Center Atienue Suite 301 Mooresville NC 28115 Or Fax to the attention of Alan Johnson at 704 663 6040 AppllcandAuthori z ed Agent's Certification 1 hereby state that to the best of my abilities due care and diligence the approved impacts hax e begun to be constructed The proposed imparts are to be installed/constructed /completed Aithin substantial compliance and intent of the 401 Water Quart~ Certification/Buffer Rule Authorization the approved plans and specifications and other supporting materials Date of initiation of Construction Signature Title Date