HomeMy WebLinkAbout20201347 Ver 1_More Info Received_20210901Strickland, Bev
From: Megan Bollero <megan@cws-inc.net>
Sent: Tuesday, August 31, 2021 10:49 AM
To: Johnson, Alan
Subject: Re: [External] Re: [Non-DoD Source] Lower Coddle Creek Interceptor
(SAW-2021-00521)
Attachments: SAW-2021-00521 Lower Coddle Creek Interceptor NWP 58 (1).pdf; 20-1347 Lower
Coddle.docx.pdf
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Hi Alan,
The USACE issued the 404 for this yesterday and when I submitted them to DMS they told me that the 401
does need to be revised with the correct acreage of wetland impacts requiring mitigation. Compensatory
mitigation is required for 0.223 acres of wetland impacts, not 0.338. I have attached the original 401 below and
the issued 404.
Thanks,
Megan Bollero
On Thu, Jul 1, 2021 at 3:45 PM Johnson, Alan <alan.johnson@ncdenr.gov> wrote:
So, if you impact less than approved. Basically, you don't need a revision.
DWR
Division of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: (704) 235-2200 Fax: (704) 663-6040
i
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Megan Bollero [mailto:megan@cws-inc.net]
Sent: Thursday, July 1, 2021 3:32 PM
To: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.Amschler@usace.army.mil>; Johnson, Alan
<alan.johnson@ncdenr.gov>
Subject: [External] Re: [Non-DoD Source] Lower Coddle Creek Interceptor (SAW-2021-00521)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Crystal and Alan,
The client informed me today that while reducing their construction corridor to 40 lf in the wetlands and
streams they were also able to reduce some of their wetland impacts. I have attached a revised set of plans. The
changes to the wetlands can be found on sheets EC-6 and EC-16. The new total for permanent wetland impacts
is 0.223 acres and the new total for temporary wetland impacts is 0.227 acres. Please let me know if you have
any questions. Alan I see you issued the 401 today so I wanted to see if I can please get a revised copy with the
new numbers on it.
Thanks again,
Megan Bollero
On Mon, Jun 28, 2021 at 4:11 PM Megan Bollero <megan@cws-inc.net> wrote:
Hi Crystal and Alan,
I have attached the revised plans for Coddle Creek. Per the site visit with Alan, hard stabilization has been
limited to 40 lf on each side of the crossings and the temporary construction corridor has been limited to 40 at
each stream crossing and is noted on the revised plans. The revised plans I have attached only show the areas
2
where these changes were made. After speaking to the engineer there was one crossing where they were
unable to limit the TCE and stabilization and that is on sheet EC-13 (impacts S42 and S43). At this crossing
The Water and Sewer Authority of Cabarrus County needs to install a 48-inch sanitary sewer main and three
diversion structures in order to provide capacity relief to the existing 30-inch sanitary sewer main. Since there
are two large diameter sanitary sewer crossings here they are unable to reduce the impacts. Being that these
impacts cannot be reduced this crossing will have 90 1f of temporary construction corridor and 180 1f of
permanent hard stabilization (which was what was in the original submittal), bringing the final total of
permanent impacts to 1,930 if and temporary impacts of 1,032 lf. Please let me know if either of you need
anything else for this project.
Thanks,
Megan Bollero
On Fri, Jun 25, 2021 at 1:42 PM Amschler, Crystal C CIV USARMY CESAW (USA)
<Crystal.C.Amschler@usace.army.mil> wrote:
Hi Megan,
I've reviewed your responses and looks like my questions have been adequately addressed. With that, once I
get the revised plan and the 401 cert (and forward to EPA for their review) I can get this permit verification
issued.
Thanks,
Crystal C. Amschler
Project Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
(828)-271-7980 Ext 4231
The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete the Customer Satisfaction Survey located at:
3
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4: 0
From: Megan Bollero <megan@cws-inc.net>
Sent: Wednesday, June 16, 2021 3:54 PM
To: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.Amschler@usace.army.mil>
Cc: Johnson, Alan <alan.johnson@ncdenr.gov>
Subject: Re: [Non-DoD Source] Lower Coddle Creek Interceptor (SAW-2021-00521)
Hi Crystal,
I have received responses to your questions and have listed their answers below in red.
- will the construction corridor be maintained at 40' within the entire project corridor, or at least in wetland
and stream impact areas, or was the revision only at stream impact locations?
The construction corridor will not be maintained at 40' along the entire project. Where the proposed
alignment crosses wetlands and streams we will add notes to address the need to limit the construction
corridor to 40' at those select locations.
- If stream impacts have been revised then there should be revised plans that reflect those changes. Please
provide the revised plans.
They should have the revised plans by Monday
- Krysta's previous request for additional information she requested clarification on the project purpose. You
indicated the following: "The purpose of this project is to increase sewer capacity to this area. The existing
sewer line will be left in place and remain active and the new sewer line will be installed parallel to the
existing line." The PCN provides the following information regarding the purpose: "The Lower Coddle
Creek Interceptor project involves installing a new sewer line running along Coddle Creek. The proposed
sewer line will be placed next to an existing deteriorating sewer line that will be abandoned. This project will
provide for future wastewater needs in Cabarrus County." This information is contradictory. Can you please
clarify if the old line will be abandon or if it will remain active
They new sewer line will run parallel to the existing sewer, and the existing one will remain in place and
active.
4
-Assuming that the most recent information is correct and that the line is to increase capacity; what is the
need for the increase in capacity? Is the line being constructed to service existing residential development or
is it being built to service new development that is coming to the area?
The Water and Sewer Authority of Cabarrus County (WSACC) needs to install a parallel large diameter
sanitary sewer main in order to provide additional capacity for the existing sanitary sewer main. Anticipated
industrial development at the old Philip Morris plant and population growth within Cabarrus County are the
drivers for this project
-And lastly, typically with utility line projects, there should be information identifying what each end of the
line is tying in to in order to establish a single and complete project and better understand the purpose. As
such, please provide some information on the end and beginning points of the sewer line and why this line is
a single and complete project in itself.
At the downstream end of the project, reconfiguration of the existing sewer is required to accommodate the
connection of the proposed 48-inch sewer. The connection points, as shown on sheet SS-2 and SS-3, tie into
two existing manholes which combine sewer flow at a downstream 60-inch main. Additionally, the two
existing manholes will need to be removed and replaced within the same position due to internal corrosion
and the expense associated with coring into the manhole wall to make the new pipe connections.
The upstream connection point will require the installation of a diversion structure (labeled #105 on plan
sheet SS-31) over top of the existing 30-inch sanitary sewer main. The diversion structure will allow
WSACC to set a weir elevation in which sanitary sewer flow will be diverted from the existing 30-inch main
into the proposed 36-inch main. This will provide capacity relief to the existing 30-inch main. As part of the
installation of the diversion structure, the 30-inch main extending from the diversion structure to the existing
manhole 010288 upstream will be removed and replaced with a 36-inch diameter pipe in order to match the
existing sewer main size upstream of manhole 010288
Let me know if you need anything else.
Thanks,
Megan Bollero
On Tue, May 25, 2021 at 4:31 PM Megan Bollero <megan@cws-inc.net> wrote:
Hi Crystal,
5
I will reach out to the engineer to get these questions answered and I will get back to you. In regards to the
Schweinitz's sunflower I wanted to see if you wanted us to coordinate with USFWS or if you wanted to.
Thanks,
Megan Bollero
On Tue, May 25, 2021 at 3:48 PM Amschler, Crystal C CIV USARMY CESAW (USA)
<Crystal.C.Amschler@usace.army.mil> wrote:
Hi Megan,
I've reviewed the original submittal and the new information provided and I do have a couple more
questions.
It looks like that subsequent to meeting with Alan on site, the construction corridor was reduced to just 40'
wide. This is consistent with NWP 58 which requires work corridors to be no more than 40' unless
justification for a larger corridor is provided. With the additional information you provided revised stream
impact tables to reflect these changes. My questions/comments are as follows:
1. will the construction corridor be maintained at 40' within the entire project corridor, or at
least in wetland and stream impact areas, or was the revision only at stream impact locations?
2. If stream impacts have been revised then there should be revised plans that reflect those
changes. Please provide the revised plans.
Regarding the purpose of the projects:
1. Krysta's previous request for additional information she requested clarification on the project
purpose. You indicated the following: "The purpose of this project is to increase sewer capacity to
this area. The existing sewer line will be left in place and remain active and the new sewer line will
be installed parallel to the existing line." The PCN provides the following information regarding
the purpose: "The Lower Coddle Creek Interceptor project involves installing a new sewer line
running along Coddle Creek. The proposed sewer line will be placed next to an existing
deteriorating sewer line that will be abandoned. This project will provide for future wastewater
needs in Cabarrus County." This information is contradictory. Can you please clarify if the old
line will be abandon or if it will remain active.
6
2. Assuming that the most recent information is correct and that the line is to increase capacity; what
is the need for the increase in capacity? Is the line being constructed to service existing residential
development or is it being built to service new development that is coming to the area?
3. And lastly, typically with utility line projects, there should be information identifying what each
end of the line is tying in to in order to establish a single and complete project and better
understand the purpose. As such, please provide some information on the end and beginning points
of the sewer line and why this line is a single and complete project in itself.
The PCN you previously submitted to Krysta indicates that there is suitable habitat for the Schweinitz's
sunflower within the project corridor, that surveys were done for the sunflower during the optimal survey
window and no plants were found and as such, that the project may affect, but is not likely to adversely
affect the Schweinitz's sunflower. I agree with this assessment and as such, I need to conduct informal
consultation with FWS to ensure they concur with the not likely to adversely affect determination. The
information indicates that the survey was conducted on October 21, 2020. Can you provide a copy of that
survey report for me to forward to FWS?
Let me know if you have any questions regarding this email and feel free to give me a call if you'd like to
discuss anything further.
Thanks ,
Crystal C. Amschler
Project Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
(828)-271-7980 Ext 4231
The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete the Customer Satisfaction Survey located at:
http://corpsmapu.usace.army.mil/cm_apex/f7p=136:4:0
From: Megan Bollero <megan@cws-inc.net>
Sent: Friday, May 21, 2021 10:13 AM
To: Johnson, Alan <alan.johnson@ncdenr.gov>; Amschler, Crystal C CIV USARMY CESAW (USA)
<Crystal.C.Amschler@usace.army.mil>; Kichefski, Steven L CIV USARMY CESAW (USA)
<Steven.L. Kichefski@usace.army.mil>
Subject: [Non-DoD Source] Lower Coddle Creek Interceptor (SAW-2021-00521)
Hello All,
I just wanted to make sure everyone received the additional information I sent for the Lower Coddle Creek
Interceptor project (SAW-2021-00521) on April 30 and see if I could get clarification as to which USACE
PM is handling this project.
Thanks,
Megan Bollero, WPIT
Project Scientist
Carolina Wetland Services Inc.
550 E Westinghouse Boulevard
Charlotte, NC 28273
Cell:(757)-576-6433
www.cws.net
Megan Bollero, WPIT
Project Scientist
8
Carolina Wetland Services Inc.
550 E Westinghouse Boulevard
Charlotte, NC 28273
Cell:(757)-576-6433
www.cws.net
Megan Bollero, WPIT
Project Scientist
Carolina Wetland Services Inc.
550 E Westinghouse Boulevard
Charlotte, NC 28273
Cell:(757)-576-6433
www.cws.net
Megan Bollero, WPIT
Project Scientist
Carolina Wetland Services Inc.
550 E Westinghouse Boulevard
Charlotte, NC 28273
Cell:(757)-576-6433
www.cws.net
9
Megan Bollero, WPIT
Project Scientist
Carolina Wetland Services Inc.
550 E Westinghouse Boulevard
Charlotte, NC 28273
Cell:(757)-576-6433
www.cws.net
Megan Bollero, WPIT
Project Scientist
Carolina Wetland Services Inc.
550 E Westinghouse Boulevard
Charlotte, NC 28273
Cell:(757)-576-6433
www.cws.net
10
DWR
DhBlon of Water Resources
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00521 County: Cabarrus County U.S.G.S. Quad: Harrisburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Water and Sewer Authority of Cabarrus County
Mr. Chad VonCannon
Address:
232 Davidson Highway
Concord NC, 28027
Telephone Number:
(704) 786-1783
E-mail:
cvoncannon(&wsacc.org
Size (acres) 55 Nearest Town Concord
Nearest Waterway Coddle Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.3477618838926
Longitude:-80.6169367027693
Location description: The Lower Coddle Creek Interceptor Project consists of a 30,0000 -foot long corridor beginning at
Coddle Creek Drive SW and Running southeast along Coddle Creek to Rockv River Road in Cabarrus Countv. North
Carolina.
Description of projects area and activity: This verification authorizes impacts associated with the construction of a sewer line in
order to provide additional capacity for an existing sewer main. Specific impacts include the permanent impact to 0.223 acres
of wetlands, the temporary impact to 0.227 acres of wetlands, the permanent impact to 1,9301f of stream channel and the
temporary impact to 1,032 linear feet of stream channel.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 58 Utility Line Activities for Water and
Other Substances and NWP 13 Bank Stabilization
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the
provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The
requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of
this permit authorization.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application dated March 11, 2021 and ensuing record. Any violation of the attached conditions
or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I
administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Crystal Amschler at (828) 271-7980 X 4231 or Crystal.C.Amschler(&usace.army.mil.
Digitally signed by Crystal Amschler
Corps Regulatory OfficialC rysta I Amschler Date: 2021.08.3015:09:57-04'00' Date: August 30, 2021
Expiration Date of Verification: March 14, 2026 for NWP 58 and March 19, 2022 for NWP 13
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-
B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed.
C. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
D. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Digitally signed by Crystal
Crystal AmSChlerAmschler
Corps Regulatory Official: _ Date- 2021 nR 3n 1 5.10.36 _n&MDate: August 30, 2021
Crystal Amschler
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please
complete our Customer Satisfaction Survey, located online at http://corpsm4pu.usace.gM.mil/cm apex/Pp=136:4:0.
Action ID Number:SAW-2021-00521 County: Cabarrus County
Permittee: Water and Sewer Authority of Cabarrus County
Project Name: Lower Coddle Creek Interceptor / Water and Sewer Authority of Cabarrus County
easement
Date Verification Issued: August 30, 2021
Project Manager: Crystal Amschler
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Crystal Amschler, Project Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Water and Sewer Authority of Cabarrus County Action ID: SAW-2021-00521
Project Name: Lower Coddle Creek Interceptor Project County: Cabarrus
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.223
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.223
Mitigation Site Debited: NC DMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site.
acceptance letter identifies a specific site, also list the specific site to be debited).
For NCDMS, list NCDMS. If the NCDMS
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 14 September, 2017
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd. tugwell@usace. army. mil). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Crystal Amschler
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Email:
Crystal Amschler Digitally signed by Crystal Amschler
Date: 2021.08.30�1�,9h25-23 t 04,00'
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 2 of 2
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ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 30, 2021
DWR #20-1347
Cabarrus County
WSACC
Chad VonCannon
232 Davidson Hwy.
Concord, NC 28027
sent via email to: cvoncannon@wsacc.org
Subject: Approval of Individual 401 Water Quality Certification
Lower Coddle Creek Interceptor
Dear Mr. VonCannon:
Attached hereto is a copy of Certification No. WQC004367 issued to Chad VonCoannon (WSACC), dated
June 30, 2021. 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 Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new
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)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
D EQ ,� North Carolina Department of Environmental Quality � Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NORTH QARpUNA
D.P.-t or e-a-1 Q. 704.663.1699
If you are unable to comply with any of the conditions of this Water Quality Certification 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 impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates 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 to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Alan Johnson at 704-235-2200 or alan.iohnson@ncdenr.gov if you have any
questions or concerns.
Sincerely,
EA
DocuSigned by:
4..� H Nuft for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
cc: Megan Bolero, CWS, email
Kelly Williams, DMS, email
Crystal Amschler, USACE Regulatory Field Office, email
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality j Division of Water Resources
D E �
nmMooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NORTH G ROUNA
oem,am m �a onm i Qk l /� 704.663.1699
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004367 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 026 .0200, to Chad VonCannon (WSACC), who have authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources (Division) on
March 10, 2021 and subsequent information on June 17, 2021 and by Public Notice issued by the U. S.
Army Corps of Engineers and received by the Division on May 3, 2021.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Stream bank stabilization
1850 (linear feet)
1032 (linear feet)
Stream crossings
80 (linear feet)
404/401 Wetlands
0.338 (acres)
0.254 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this
mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory
River and Sub -basin
Mitigation Required
Number
Stream
0 (feet)
n/a
Wetlands
0.338 (acres)
Yadkin (03040105)
1:1 ratio
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
2. Stream stabilization shall be minimized to the area of streambank disturbance (except vegetation
trimming) and to the maximum extent practicable and/or required. Any rip -rap used for stream
stabilization shall be of a size and density to prevent movement by wave, current action, or stream
flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap
D ��� North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NOR;T aH aouNn
oenmm,a � 0 �a onmi akr� /� 704.663.1699
shall not be installed in the streambed except in specific areas required for velocity control and to
ensure structural integrity of bank stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
3. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes
interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum reduction of
erosion on areas not related to ongoing construction, shortens basin holding times, increases turbidity
of discharge and creates a greater potential of bypass discharge.
4. The permittee shall report to the DWR 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use on a short-term or long-term basis.
5. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NCRT:CCAP!�I_'NA �
704.6631699
7. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability
offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
8. Culverts (and other crossings) shall be designed and installed in such a manner that the original
stream profiles are not altered and allow for aquatic life movement during low flows. The
dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be
modified by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be such as to
pass the average historical low flow and spring flow without adversely altering flow velocity. If the
width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water
and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to
provide for aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes
of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening
the slope have been investigated and aquatic life movement/connectivity has been provided when
possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall
be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If
bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts
or bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constr' way that may result in destabilization of streams or wetlands.
� E Q � North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NCRTi CAPOL'-NA
a°ann 704.6631699
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis. Ensuring that structures are installed properly in
waters will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
9. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall
be returned to natural conditions within 60 calendar days after the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's original
cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any remaining
surface waters or wetlands, and any surface waters or wetlands downstream, continue to support
existing uses after project completion.
10. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall
be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North
Carolina Department of Transportation Best Management Practices for Construction and
Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this
Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
11. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other
toxic materials. Construction shall be staged in order to minimize the exposure of equipment to
surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment
maintenance shall be performed in a manner to prevent, to the maximum extent practicable,
contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color
or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses.
D �� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NcaT;C',A UNA
o"aa'�,°^'Q"anr 704.6631699
12. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected; populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland; and materials or substances are not present in amounts that may cause adverse
impact on existing wetland uses.
13. When applicable, all construction activities shall be performed and maintained in full compliance
with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate
Best Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures shall
be equal to or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline
Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual. Reclamation measures and implementation shall comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of
1971.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
14. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence
installed within wetlands shall be removed from wetlands and the natural grade restored within two
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NcaT;caaouNn �
704.6631699
(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028.0200, 15A NCAC 028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
15. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC
028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
16. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the nature,
location, and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
a ► W surWAtalcc rbmetatenanmofobielogivati �nt�rit o d4ifre;s6econdary
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
oua � or`e,,nro m �iaar\ r 704-663.1699
contact recreation; agriculture); and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
17. The permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d)
of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
18. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 30t" day of June 2021
DocuSigned by:
E
rw� H P44-cz for
F161 F969AMUAI..
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
D ��� North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NOR;T aH aouNn
oenmm,am 0 �a onmi a'r� /� 704.663.1699
20-1347
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, Water and Sewer Authority of Cabarrus County
(WSACC) has permission as outlined below to impact 0.338 acre of wetlands in order to
proceed with the Lower Coddle Creek Interceptor project in Cabarrus County, North Carolina.
All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Mitigation:
0.338 acre wetland (1:1)
High Meadows Dr./Coddle Creek Dr. SW
Cabarrus
Yadkin (03040105)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or
preservation of wetlands as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to
the nearest foot and acreage requirements must be rounded to one -quarter acre increments
according to 15A NCAC 2R .0503(b).
Mitigation:
0.338 acre of wetland mitigation by the DMS is required for the 401 Water Quality Certification.
In correspondence dated March 9, 2021 the DMS indicated that up to 0.338 acre of wetland
mitigation would be conducted by DMS if available within the cataloging unit. More may be
required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE DMS.
Signature
Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652
D ��� North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NOR;T aH aouNn
oenmm,a � 0 �a onmi akr� /� 704.663.1699