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Home My WebLink About20160361 Ver 1_Approval Letter_20160523Water Resources ENVIRONMENTAL OQALITY May 23, 2016 Mr. Barry Giroux Yale Security, Inc. 455 Winding Brook Drive, Ste. 201 Glastonbury, CT 06033 PAT MCCRORY Govemos DONALD R. VAN DER VAART Sectrlory S. JAY ZIMMERMAN D,oeclor DWR# 16-0361 Union County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Norton Site, 3000 E. Old Hwy. 74, Monroe Dear Mr. Giroux:: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated March 15, 2016, and received by the Division of Water Resources (the Division) on April 13, 2016, and subsequent information submitted on May 5, 2016. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3896 which can be viewed on our web site at https://deg.nc.gov/about/divisions/water-resources/water-resources- Perm its/wastewater-branch/401 -wetlands-buffer-perm its/401 -general-certifications. The General Certification allows you to use Nationwide Permit Number 38 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 2. Approved Impacts: Type of Impact Amount Approved Amount Approved Temporary Impact Permanent Impact Stream 560 linear ft. 0 linear ft. Wetland 0 acre 0 acre Sum of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Continua Mooresville Regional Offcel 610 Fast Center Avenue, Suite 3011 Mooresville, Noah Carolina 38115 704 663 1699 3. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) 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. 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) 6. 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 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures shall be used to prevent excavation in flowing water. 15A NCAC 02H.0506(b)(3) and (c)(3) 8. 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) 9. The issuance of this Certification does not exempt the permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 10. 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) 11. Continuing Compliance. The applicant (Yale Security, Inc.) 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 21-1.0503, and provide opportunity for public hearing in accordance with 15A NCAC 21-1.0504. 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 Section 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: 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 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. �iIN;iwiNF I 10 c� W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Greg Antemann, CWS, (email) David Shaeffer, Army Corps of Engineers, Charlotte, (email) Karen Higgins, Wetlands Unit (email) MRO, Land Quality