20150143 Ver 1_Approval Letter_20150218

ATA
NCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
Mr Kevin Greer
City of Hickory
P.O Box 392
Hickory, NC 28603
Natural Resources
Donald van der Vaal
Secretary
February 18, 2015
DWR# 15 -0143
Catawba County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Murray Basin Sanitary Sewer Protect
Dear Mr. Greer.
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated January 30, 2015, and received by
the Division of Water Resources (the Division) on February 3, 2015 After reviewing your
application, we have determined that this protect is covered by Water Quality General Certification
Number 3884 which can be viewed on our web site at http / /portal ncdenr om/web /wq /swp /ws /401.
The General Certification allows you to use Nationwide Permit Number 12 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 protect, 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 protect 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 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. 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)]
3 Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
160 linear ft (culvert)
100 linear ft. (ford)
Wetland
0 acre
0 acre
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone [phone] Internet www nodenr gov
An Equal Opportunity \ Afirmabve Acton Employer— Made in pan by recyclod paper

4 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)
5 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)
6 Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods. No rip rap is proposed,
except for the construction of the ford
Immediately upon completion of the installation of a culvert/fords or removal of a flow
restricting device, water flow shall be returned to its natural course Existing stream
dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) throughout the impact areas If any of the
existing pipes are or become perched, the appropriate stream grade shall be re- established
or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed
correctly. 15A NCAC 02H 0506(b)(2)
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. 15A NCAC 02H 0506(b)(5)
9. Sediment and erosion control measures shall not be placed in wetlands or waters. 15A
NCAC 02H 0506(b)(3) and (c)(3)
10. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U S, or protected riparian buffers., 15A NCAC 02H .0506(b)(3)
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval 15A NCAC 02H 0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)
12. 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)
.13. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification. 15A NCAC 02H.0506(b)(3)
14. 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)
15. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated with this permit without appropriate modification. Should waste or borrow sites, or
access roads to waste or borrow sites, be located in wetlands or streams, compensatory
mitigation will be required since that is a direct impact from road construction activities. 15A
NCAC 02H 0506(b)(3) and (c)(3) ,

16 All construction activities associated with this project shall meet, and /or exceed, those
requirements specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual and shall be conducted so that no violations of state water quality standards,
statutes, or rules occur [15A NCAC 02H 0506 (b)(3) and (c)(3)] .
17. 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) ,
18 Continuing Compliance. The applicant (City of Hickory) 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 Sectior
404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project. 15A NCAC 02B 0200
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).
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:
It sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedF-x, 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
SinWM"i rely,
ch ael L Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc- Army Corps of Engineers, Asheville
Eric Mularski, HDR Engineering, 440 South Church St., Ste 1000, Charlotte, 28105
Karen Higgins, Wetlands Unit
MRO, Land Quality
DWR 15 -0143