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Home My WebLink About20210491 Ver 1_Approval Letter_20210504 -4444* ROY COOPER 4 IS Governor 111 DIONNE DELLI—GATTI Secretary ^4 ctrwt * ` S.DANIEL SMITH NORTH CAROL!NA Director Environmental Quality May 4, 2021 DWR# 21-0491 Iredell County Mr. Mick Taylor City of Statesville 227 S. Center Street Statesville, NC 28687 Delivered via email to:mtaylor@statesvillenc.net Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Columbia Street Culvert Project Dear Mr. Taylor: You have our approval for the impacts listed below for the purpose described in your application submitted to the Division of Water Resources (Division) April 27, 2021, and payment received on April 30, 2021. The Division has determined that the proposed project and impact will comply with water quality requirements covered by the attached Water Quality General Certification Number 4132, 4134, 4139 and the conditions listed below, provided that you adhere to the certification located at https://deq.nc.gov/about/divisions/water-resources/water- quality-permitting/401-buffer-permitting-branch/general and the conditions listed below. This certification is associated with the use of General Permit Number 3, 13, & 18 once they are 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 Division has determined that the proposed project will comply with the water quality requirements provided that you adhere to the conditions listed in the certification and to the additional conditions listed below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved Temporary Impact Permanent Impact Stream (extension) 24 linear ft. 85 linear ft. Wetland 0 acre 0 acre This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new D_E North 512North Carolina DeSalisburypartmentStreet1 of1617 EnMavironments[ilServiceCenter Quality RaleighDivision of WaterNorthCarolina Resou27rces , 699-1617 NORTH CAROUNA Department of ron l ous'C 919.707.9000 application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that by having impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 D North 512North Carolina DeSalisburypartmentStreet1 of1617 EnMavironments[ilServiceCenter Quality RaleighDivision of WaterNorthCarolina Resou27rces , 699-1617 NORTH CAROUNA Department of ron I ou.l� 919.707.9000 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please contact Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or AIan.Johnson(a�ncdenr.gov. Sincerely, DocuSigned by: 4.4144, H Pa44.4 for "-F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Steve Kitchefski, Army Corps of Engineers, Charlotte, email Amy Black, LJB Inc., ablack@ljbinc.com DWR 401 & Buffer Permitting Branch file Olivia Munzer, NCWRC, email ---?) orth lnp of Environmental Quality 1 Division of Water Resources_E 512N NorthCaro Salisbury iaDe Streetartment 11617 Mail Service Center Raleigh,North Carolina 27699-1617 oaa.nmci or enriunmemai u.uq 919.707.9000 CERTIFICATE OF COMPLETION NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant,the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)the construction of the project for the Permittee hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature Registration No. Date D North 512 Carolina Department1 of1617 EnMavironments[il Center Quality RaleighDivision of WaterNorth Resou27rces North Salisbury Street Service , Carolina 699-1617 OU NORTH CARNA Department or r. I Moldy 919.707.9000