20211304 Ver 1_Approval Letter_20210915

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 15, 2021
DWR# 21-1304
Catawba County
Mr. Todd Clark
City Manager — Newton
401 North Main Avenue
Newton, NC 28658
Delivered via email to [e-mail]
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Stormwater Outfall Project
Dear Mr. Clark:
You have our approval for the impacts listed below for the purpose described in your application
submitted to the Division of Water Resources (Division) on August 30, 2021, and payment
received on September 2, 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 and 4134 and the conditions listed below, provided that you
adhere to the certification located at https://deq.nc.gov/about/divisions/water-resources/water-
quality-permittinq/401-buffer-permittinq-branch/general and the conditions listed below.
This certification is associated with the use of General Permit Number 3 and 13 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 Division has determined that the proposed project will comply with the water quality
requirments 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
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
56 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
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)].
D_E
NDaI a rl5nvIra
Ouparlmenl off Envl,nnmrnlal Ouallly
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

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.
Additional conditions (15A NCAC 02H .0507(c):
1. 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. 15A NCAC
02B .0203
Justification: In order to protect against impairment of water quality standards and best
usage of receiving and downstream waters, water quality based management practices
must be employed to protect against direct or indirect discharge of waste or other sources
of water pollution.
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 [phone]
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
NORTH CAROLINAD E
nep.lnent of Emlmnmenial Quell\
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

This letter completes the review by the Division 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.
Sincerely,
DocuSigned by:
44.01414w H P:ze.
for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Krysta Stygar, Army Corps of Engineers, Charlotte, email
Jonathan Herman, McGill Assoc. [e-mail]
DWR 401 & Buffer Permitting Branch file
NORTH CAROLINAD
nep.lnent of EmllenTenial Quell\
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

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
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_E
NcaT;caaouNn
Department M Environmental Wally
North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699