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Home My WebLink About20150521 Ver 1_Approval Letter_20150602i =%A V/ NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms Nora Zirps ESP Associates 3475 Lakemont Blvd Fort MITI, SC 29708 Donald van der Vaart Secretary June 2, 2015 DWR# 15 -0521 Cabarrus County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Cannon Mills Landfill Project Dear Ms Zirps You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated May 20, 2015, and received by the Division of Water Resources (the Division) on June 1, 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 orp /web /wa /swp /ws /401 The General Certification allows you to use Nationwide Permit Number 13 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 -1699\ Internet www ncdenr gov An Equal Opportunity,, Affirmative Action Employer — Made in part by recycled paper 3 Approved Impacts Type of Impact Stream Bank Stabilization Wetland Amount Approved Temporary Impact 0 linear ft 0 acre DWR# 15 -0521 Amount Approved Permanent Impact 2,797 linear ft 0 acre 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 It is strongly recommended that the new slopes /bank be stabilized as completed to minimize stream impacts due to sediment loss 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 Given the nature of the stream bank grading and reshaping, additional measures maybe required beyond the standard erosion control measures and must be utilized to prevent loss of sediment from the site 15A NCAC 02H 0506 (b)(3) and (c)(3) 7 Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of nprap or other bank hardening methods If nprap is necessary, it shall not be placed in the streambed, unless approved by DWR 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 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) 10 A turbidity curtain, if necessary, shall be utilized 15A NCAC 02H 0506(b)(3) 11 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) 12 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 15A NCAC 02H 0506(b)(3) 13 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) 14 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) DWR# 15 -0521 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 htto / /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 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 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, t l 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 CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: DWR# 15 -0521 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 Date 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 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 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 Registration No Date