20150724 Ver 1_Approval Letter_20150805

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NC®ENR ;/
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Mike Rose, Town Administrator
Town of Harrisburg
P O. Box 100
Harrisburg, NC 28075
Donald van der Vaart
Secretary
August 5, 2015
DWR# 15 -0724
Cabarrus County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Pharr Mill Road /Rocky River Road Water Line
Dear Mr. Rose:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated April 17, 2015, and received by the
Division of Water Resources (the Division) on July 22, 2015 After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 3884
which can be viewed on our web site at htto //portal ncdenr ora /web /wa /swD /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 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)
3. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 15 linear ft. 0 linear ft.
Wetland 0 acre 0 acre
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone. [phone] Internet www ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

DWR# 15 -0724
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. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods If riprap is necessary, it
shall not be placed in the streambed, unless approved by DWR
6. 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)
7 Immediately upon completion of the installation of the water line, the banks shall be
stabilized /matted to prevent erosion 15A NCAC 02H.0506(b)(2)
8 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)
9. Heavy equipment shall be operated from the banks rather than in the stream channel in order
to minimize sedimentation and reduce the introduction of other pollutants into the stream.
15A NCAC 02H 0506(b)(3)
10 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)
11 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)
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)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
1506 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 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

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DWR# 15 -0724
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,
C
Michael L Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc. William Elliot, Army Corps of Engineers, Asheville (email)
Karen Higgins, Wetlands Unit
Ward Marotti, WK Dickson & Co, wmarotti(@wkdickson.com
MRO, Land Quality

DWR# 15 -0724
,e
CER'T'IFICA'T'E 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 may be 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