HomeMy WebLinkAbout20130762 Ver 1_Approval Letter_20130805NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs John E. Skvarla, III
Pat McCrory Thomas A. Reeder Secretary
Governor Acting Director
August 5, 2013
DWQ# 13 -0762
Union County
Mr. Melvin Graham
Longview Holdings, LLC
Graham Enterprises
2701 Coltsgate Rd
Charlotte, NC 28211
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Bonds Grove Church Rd. Sewer Extension
Dear Mr. Graham:
You have our approval, in accordance with the general certification and those conditions listed
below, for the purpose proposed in your application dated July 21, 2013, received by the Division of
Water Resources (the Division) on July 24, 2013. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3884, which
can be viewed on our web site at http: / /portal.ncdenr.org /web /wq /swp /ws /401. The General
Certification allows you to use Nationwide Permit Number 12 once it is issued to you by the U.S.
Army Corps of Engineers (COE). 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. In addition to the requirements of the certification,
you must also comply with the following conditions:
1. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
40 linear ft
20 linear ft
Wetland
0.03 acres
Mooresville Regional Office
Location. 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: (704) 663- 1699\Fax (704) 663 -6040\ Customer Service* 1- 877 - 623 -6748
Internet- http / /portal ncdenr org/web/wq
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Natmallry
DWQ #. 13 -0762 .
2. A final, written storm water management is required for any future new development that utilizes
this approved sewer line extension and which exceeds 24% impervious area. The submitted storm
water management plan shall be approved in writing by this Office or delegated authority (a copy
of the approved plan shall be submitted to the Division).
3. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be
placed in the streambed, unless approved by the Division.
4. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division.
5. Continuing Compliance. The applicant (Longview Holdings, LLC; Graham Enterprises) 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 the Division 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, the
Division 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, the Division 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.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B
by filing a written petition for an administrative hearing to the Office of the Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com /or
by calling the OAH Clerk's Office at (919) 431 -3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH filing
fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm,
excluding state holidays).
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
DWQ #. 13 -0762
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you
have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-
663 -1699 or Ms. Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerely,
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Amy Helms, Union County
MRO, Land Quality
Len Rindner