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Home My WebLink About20141298 Ver 1_Approval Letter_20150121NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Erskine Smith, Town Manager Town of Mooresville 413 N Main Street Mooresville, NC 28115 Donald van der Vaart Secretary January 21, 2015 DWR# 14 -1298 Iredell County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Mooresville Golf Course Renovation Dear Mr Smith: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed In your application dated December 15, 2014 and received by the Division of Water Resources (the Division) on December 30, 2014 After reviewing your application, we have determined that this protect 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 42 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 relocation 0linear ft. 86 linear ft. Wetland 0 acre. 0 49 acre 1. This approval is only valid for the purpose and design that you described In your application If you change your protect, 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 610 East Center Avenue, Mooresville, North Carolina 28115 Phone 704- 663 -16S Internet www ncdenr gov An Equal Opportunity I Affirmative Action Employer- Made In part by recycled papa K1 4. At locations where ponds will be drained ( "serpentine" pond), proper measures will be taken to drain the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species Proper measures will be taken to avoid sediment release and /or sediment accumulation downstream as a result of pond draining The pond should be siphoned from the top. Depending on conditions a filter bag may be required The permittee shall observe any natural channel re- establishment and observe to ensure that no additional impacts occur within the natural stream channel as a result of draining the pond 15A NCAC 2H 0506(b)(3) This Certification does not give approval for the removal or work on the dam that may result in additional stream impacts To the extent practical, it is recommended that a chemical free buffer be established along the creek corridor through the site. A thirty (30) feet buffer is recommended It is also recommended that if possible, given the unstable nature of the-creek, that vegetative plantings be considered along the banks of the channel. ; , I 1 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 This includes interior /exterior slopes of sediment basins [15A NCAC 02H 0506 (b)(3) and (c)(3)] 6 Work areas (bare sod) immediately adjacent to the stream shall be matted or covered (at minimum) prior to rain events 15A NCAC 02H .0506 (b)(3) and (c)(3) 7. 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 chemical pollutants, sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H 0506(b)(2) and (5) , 1.1 No sediment from erosion control measures, nor waste, spoil, solids, and /or fill of any kind shall ' be placed in wetlands, waters, or riparian areas unless included the application and approved by this Certification [15A NCAC 02H 0500] 9 Upon completion of the protect, the applicant shall complete and return the enclosed "Certificate', of Completion" form to the 401/Wetlands Unit of the Division 10 Continuing Compliance. The applicant (Town of Mooresville) 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 15013 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) 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. John Evans, 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, Michael L Parker, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Attachments cc Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 This form maybe returned to NCDWR 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 be 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- Agent's Certification Date: 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 be 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: Engineer's Certification Partial Final I, ' as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permtttee 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 be 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 Registration No.