HomeMy WebLinkAbout20150984 Ver 1_Approval Letter_20151006North Carolina Department of Environmental Quality
Pat McCrory Donald van der Vaart
Governor Secretary
October 6, 2015
DWR# 15 -0984
Rowan County
Mr. Lane Bailey — City Manager
City of Salisbury
217 South Main St.
Salisbury, NC 28144
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Village of Granite Water Line Ext.
Dear Mr. Bailey:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated September 21, 2015, and received
by the Division of Water Resources (the Division) on September 24, 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 http: / /Portal.ncdenr.orq /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 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. Approved Impacts:
Type of Impact
Stream relocation
Wetland
Amount Approved
Temporary Impact
0 linear ft.
0.8 acre
Amount Approved
Permanent Impact
40 linear ft.
0 acre
3. If possible riprap should be minimize along the stream banks. Use of native vegetation and
other soft stream bank stabilization techniques is recommended.
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
DWR# 15 -0984
4. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
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. 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. 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)
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. 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
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
httr): / /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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699 -1601
DWR# 15 -0984
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 - q- Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Jeff Moody, Alley, Williams, Carmen & King, Jmoodv Mawck.com
MRO, Land Quality