HomeMy WebLinkAbout20140547 Ver 1_Approval Letter_20140620w
FqCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Tim Baumgartner
Ecosystem Enhancement Program
217 W. Jones Street, Ste. 3000A
Raleigh, NC 27603
John E. Skvarla, III
Secretary
D June 20, 2014
DWR# 14 -0547
Union County
,Subject: Approval of 401 Water Quality Certification with Additional Conditions,
601 East Stream Restoration, No. 95756
Dear Mr. Baumgartner:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated May 21, 2014, and received by the
Division of Water Resources (the Division) on May 23, 2014. 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 /sM /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. In addition to the requirements of the certification,
you must also comply with the following conditions:
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
Permanent Impact
Amount Approved
Temporary Impact
Stream (restoration)
3,243 linear ft.
0
Stream (fill /culvert)
382 linear ft.
0
Wetland
0.171 acre
0.087 acre
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone 919- 807 -6300\ Internet: www.ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper
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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. Work shall be conducted iri the dry,'if not stated otherwise within the application.
5. No sediment /erosion control measufes ' waste,' spoil, tsolids, 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 •wifhout-tapproval from the Division.
6. 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.
7. Continuing Compliance. The applicant (Ecosystem Enhancement Program) 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: / /ww,,v.ncoali.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: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699 -6714 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
9
Certificate of Completion
DWQ Project No.: 14 -0547 County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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
1, , 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: Date:
If this project was designed by a Certified Professional
1, , 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: