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Home My WebLink About20141259 Ver 1_Approval Letter_20150219ARM J A8 HR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Tim Baumgartner NC Ecosystem Enhancement Program 217 West Jones St., Ste 3000A Raleigh, NC 27603 Donald van der Vaart Secretary February 19, 2015 DWR# 14 -1259 V2 Stanly County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Town Creek Restoration — Option B 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 February 10, 2015, and received by the Division of Water Resources (the Division) on February 13, 2015. 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 /wo /s'AiP /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. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: 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. 15A NCAC 02H .0506 and 15A NCAC 02H .0507(c) 2. The Mooresville Regional Office shall be notified in writing once construction at the approved Impact areas has commenced. 15A NCAC 02H 0502 (e)] Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155 Phone 704 -663 -16991 Internet www ncdenr gov An Equal Oppodumly , Afirmatve Acton Employer- Made in part by recycled paper DWR# 14 -1259 3 For Reach #1, a continuous reading ground water monitoring well should be placed within the thalweg at BOTH the lower end and upper end ( "head ") of the reach to demonstrate that baseflow throughout the reach is maintained for a minimum of 30 consecutive days during a normal precipitation year 4. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 0 linear ft 4,032 linear ft. Wetland 0 acre 0 025 acre 5. It is recommended that maximum effort be extended in minimizing the removal of trees along the stream corridor /buffer. It is also recommended that stumpage of trees remain to the maximum extent practical to provide accelerated vegetative regrowth along the stream corridor /buffer 6. Bare /fill slopes in excess of 10 -feet in height and within 30 -feet of surface waters shall be matted. 15A NCAC 02H.0506(b)(3) and (c)(3) 7. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality Certification means that DWR has determined that the proposed activity will not remove or degrade significant existing uses of the surface water The issuance does not represent an approval of credit yield for the project. 15A NCAC 2H .0506(a) 8. Heavy equipment may be operated within the stream channels however; its usage shall be minimized to the extent practical. 15A NCAC 02H.0506(b)(3) 9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials 15A NCAC 02H.0506(b)(3) 10. The permittee shall report any violations of this Certification to the Division of Water Resources within 24 hours of discovery. 15A NCAC 02H 0507(c) 11. 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. 15A NCAC 02H 0507(c) 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 -1259 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. 11 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 Sam M Hayes, 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, DENR Attachments cc- Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit MRO, Land Quality