HomeMy WebLinkAbout20201783 Ver 1_Approval Letter_20211027 DocuSign Envelope ID: 122707C1-BBBF-4EB2-8C6B-C71EBEA6F58D
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ELIZABETH S.BISER
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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:
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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
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