20140253 Ver 1_Approval Letter_20140401

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Keith Wayne
Coddle Creek, LLC
195 Ervin Woods Dr.
Kannapolis, NC 28081
APR g 2014
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Concresere Wayne Brother Headquarters .
Dear Mr. Wayne:
John E. Skvarla, III
Secretary
April 1, 2014
DWR# 14 -0253
Cabarrus County
You have our approval, in accordance with the general, certification and those conditions
listed below, for the purpose proposed in your application dated March 17, 2014, and received by
the Division of Water Resources (the Division) on March 31,2014. After reviewing your application,
we have determined that this project is covered by Water Quality General Certification Number
3890, 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 39 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. 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
30 linear ft.
149 linear ft.
Wetland
0 acres
0 acres
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.
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper

4. All wetlands, streams, surface waters, and riparian buffers located on the project site where
impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities.
5. Per the general certification, deed =notifications:or similar mechanisms shall be placed on all
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retained jurisdictional wetlandsMypters�andap�otective ;kiuffers in order to assure compliance for
future wetland, water and buffer• °impact- {
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6. Should permanent impacts exceed 1501f of stream c i hannel, mitigation shall be required.
7. The stream upon completion of the:utiljty, cpnstructionx•sOall be restored to its pre- existing
condition.
8. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks.
9. 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.
10. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
This includes side slopes of any sediment basins on site.
11. The SMP approved by the Division under the state stormwater program meets the
requirements of the 401 - Certification Program.
12. 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.
13. 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
14. Continuing Compliance. The applicant (Coddle Creek, LLC) 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 per 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.

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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
If sending via delivery service (UPS, FedEx, etc.)
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,
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Wendell Overby, Soil & Forestry Services of the Carolinas, PA
P.O. Box 832, Mooresville 28115