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Home My WebLink About20160717 Ver 1_Approval Letter_20160808 PAT MCCRORY (;urcfror DONALD R. VAN DER VAART . ,4ecra:ur,•t Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY 1)1,ft fnr 8 August 2016 DWR# 16-0717 Rowan County Mr. Jasper Edwards Salisbury National Cemetery 501 Statesville Blvd. Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Salisbury National Cemetery Dear Mr. Edwards: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated July 28, 2016 and received by the Division of Water Resources (the Division) on July 19, 2016. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3890 which can be viewed on our web site at https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater- branch/401-wetlands-buffer-permits/401-general-certifications. The General Certification allows you to use Nationwide Permit Number 18 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: 1. This approval is only valid for the purpose and design that you described in your application. Including baffles proposed within the proposed culvert. 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 total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required. 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. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) 3. No stormwater"system" is proposed for the project (pipes/culverts, etc.). Stormwater runoff associated with the project shall be as sheet flow. State of North Carolina[Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office'610 East Center Avenue.Suite 301 I Mooresville,North Carolina 28115 704 663 1699 4. Approved Impacts: Type of Impact Amount Approved Amount Approved Temporary Impact Permanent Impact Stream 0 linear ft. 44 linear ft. 25 linear ft., "daylighted" Wetland 0 acre 0 acre 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. Herbicide shall not be utilized along the stream as a maintenance tool. 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. Benches shall be utilized immediately up and down stream of the culvert. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed benches) above and below locations of each culvert. 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) 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: 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 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. Sincerely, t • W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Greg Antemann, CWS, (email) Army Corps of Engineers, Raleigh Office (email) Karen Higgins, Wetlands Unit (email) MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 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 l ,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: Agent's Certification l , 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 Pennittee 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