20121151 Ver 1_Approval Letter_20130130

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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Derek Slocum
Town of Harrisburg
4100 Main Street, Suite 100
Harrisburg, NC 28075
Division of Water Quality
Charles Wakild, P. E.
Director
John E. Skvarla, III
Secretary
January 30, 2013
DWQ# 12 -1151
Cabarrus County
Subject: Storm water improvements, Carving Tree Drive and Leatherwood Lane, Cabarrus County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Slocum:
You have our approval, in accordance with the general certification and those conditions listed below,
to permanently impact 75 linear feet (If) and temporarily impact 127 (If) of stream channels in order to
replace and upgrade an existing piped steam crossing as described in your application received by the
Division of Water Quality (DWQ) on December 28, 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.nedenr.or 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.
1617 Marl Service Center, Ralegh, North Carolina 27699 -1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 807 -6492
Internet www.ncwaterauality orq
An Equal Opportunity 1 Affirmative Action Employer
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2. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained (or restored via constructed benches) above and below locations.
Riprap in the stream shall be embedded to insure aquatic passage and water flow.
3. All temporary structures installed, (coffer dams) must be removed at the completion of the project
4. 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.
5. Storm water 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.
6. 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.
7. 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.
8. 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 Division of Water Quality. Please send
photographs of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
Continuing Compliance. The applicant (Town of Harrisburg) 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.
DWQ 2012 -1151

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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. Michael Burkhard in the Mooresville Regional Office at 704 - 663 -1699 or
Ms. Karen Higgins in the Central Office in Raleigh at 919 - 807 -6360.
Sincerely,
for Charles Wakild, P.E.
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Will Wilhelm PE, Kimley Horn and Associates
DWQ 2012 -1151