HomeMy WebLinkAbout20140034 Ver 1_Approval Letter_20140130Pat McCrory
Governor
Mr. J. D. Ledford
Town of Grover
P.O. Box 189
Grover, NC 28073
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Dogwood Drive Culvert Replacement
Dear Mr. Ledford:
John E. Skvarla, III
Secretary
January 30, 2014
DWR# 14 -0034
Cleveland County
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated January 2, 2014, and received by the
Division of Water Resources (the Division) on January 9, 2014. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 3883,
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 3 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
0
50 linear ft.
Wetland
0
0 acres
Wetlands Branch Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St. Raleigh, North Carolina 27604
Phone 919 - 807 -6300 k FAX: 919 -807 -6492
Internet: www.ncwaterguality.org
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
NorthCarolina
;Vaturallrf
DWR #. 14 -0034
2. 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.
3. The proposed rock ladder shall be constructed at a reasonable slope. It should not exceed the
slope of the existing rock ladder.
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. Diversion ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and /or stabilized to reduce sediment loss and turbidity.
6. No sediment/erosion control measures, waste, spoil, solids, or fill of any kind shall occur in wetlands,
waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction
Notification application without approval from the Division.
7. 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. Please send photographs of the
upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
8. Continuing Compliance. The applicant (Town of Grover) 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).
DWR# 14 -0034
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:
service (UPS, FedEx, etc.)
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
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 by the Division 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,
�r
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Todd Poteet, West Consultants, PLLC, 405 South Sterling St., Morganton, NC 28655