20120064 Ver 1_Approval Letter_20131202

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NCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
Mr. Tim Baumgartner
NC EEP
217 West Jones St. Suite 3000A
Raleigh, NC 27603
Subject: Crooked Creek No. 2 Restoration Project
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Baumgartner:
John E. Skvarla, III
Secretary
December 2, 2013
DWR# 12 -0064
Union County
You have our approval, in accordance with the General Certification and those conditions listed below,
for the purpose proposed in your application dated November 13, 2013 and received by the Division of Water
Resources (the Division) on November 15, 2013. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3885, which can be viewed on our web
site at http: / /Portal.ncdenr.org /web /wq /swr)/ws /401. The General Certification allows you to use Nationwide
Permit Number 27 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. 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. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream enhancement
4,429 linear ft.
0
Stream restoration
1,762 linear ft.
0
Wetland (grading /planting)
0.3 acre
0
Wetland (planting)
0.7 acre
0
Mooresville Regional Office
Location 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone. [phone]\Fax• (704) 663 -6040\ Customer Service 1- 877 -623 -6748
Internet http,//portal.nodenr org/web/wq
An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Noe Carolina
, atumlly

DWQ #: 11- 0229V2
3. This approval is only valid -for the purpose and design that you described in your application. If you change
your project, you must notify us in writing, and you may be required to send us a new application for a new
Certification. If the property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions.
4. 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.
5. Work shall be conducted in the dry.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401NVetlands Unit of the Division.
7. Continuing Compliance. The applicant (NC EEP) 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 htto: / /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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
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
If sending via delivery seance (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
0

DWQ #: 11- 0229V2
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
MRO, Land Quality

DWQ #: 11- 0229V2
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Certificate of Completion
DWQ Project No.
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ 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
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 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 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:
If this project was designed by a Certified Professional
Date:
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc) 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 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.