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HomeMy WebLinkAbout20201783 Ver 1_Approval Letter_20211027 DocuSign Envelope ID: 122707C1-BBBF-4EB2-8C6B-C71EBEA6F58D F�,E STATE� o.11E 5 �y ROY COOPER n Governor C ELIZABETH S.BISER Secretary *fssr�pq nocw S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality October 27, 2021 DWR#20201783 Mecklenburg County Mr.Tyler Beardsley Town of Cornelius PO Box 399 Cornelius, NC 28031 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Gem Street Extension,Town of Cornelius, Mecklenburg County McDowell Creek[Catawba Basin, 11-115-(1), C] Dear Mr. Beardsley: You have our approval for the impacts listed below for the purpose described in your application dated September 22, 2021, received by the Division of Water Resources(Division) September 22, 2021 and payment received September 28, 2021,with subsequent information on October 25, 2021. These impacts are covered by the attached Water Quality General Certification Number 4135 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 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 water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Stream Impacts in the Catawba River Basin Permanent Fill Temporary Fill Permanent Fill Temporary Fill Stream Total Stream Impacts in Intermittent in Intermittent in Perennial in Perennial Site Impact Requiring Stream Stream Stream Stream (linear ft) Mitigation (linear ft) (linear ft) (linear ft) (linear ft) 1 dewaterin 10 10 0 1 stabilization 18 18 0 1 (pipe) 93 93 0 1 dewaterin 13 13 0 TOTAL 0 10 0 124 134 0 Total Stream Impact for Project: 134 linear feet. D EQNorth Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CAROLINA - OepaNnentaf Envimnmemal�uallry 919.707.9000 DocuSign Envelope ID: 122707C1-BBBF-4EB2-8C6B-C71EBEA6F58D Town of Cornelius DWR#20201783 401 Certification Page 2 of 3 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)]. 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: 1. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506(b)(2) and (c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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 review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Robert Patterson at Robert.Patterson@ncdenr.gov if you have any questions or concerns. DocuSign Envelope ID: 122707C1-BBBF-4EB2-8C6B-C71EBEA6F58D Town of Cornelius DWR#20201783 401 Certification Page 3 of 3 Sincerely, CUSigned by: E�DO C-kkA �.r.,n,9886312DCD474... S. Daniel Smith, Director Division of Water Resources Cc(via email): Anna Reusche,SEPI Eric Alsmeyer, USACE Raleigh Regulatory Field Office Donna Hood, NC Division of Water Resources Mooresville Regional Office File Copy