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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 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper One NorthCarolina 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