20170230 Ver 1_Approval Letter_20170403

ROY COOPER
N."ro
Governor
MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY Director
3 April 2017
DWR# 17-0230
Mecklenburg County
Mr. Tom Morris
PNG, Inc.
4720 Piedmont Row Dr.
Charlotte, NC 28210
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
PNG, Project #8912
Dear Mr. Morris:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated February 22,
2017 and received by the Division of Water Resources (the Division) on February 23,
2017 and subsequent information on March 24, 2017. After reviewing your application,
we have determined that this project is covered by Water Quality General Certification
Number 4092 which can be viewed on our web site at
http://porlal.ncdenr.org/web/wq/swp/ws/401. 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:
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 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
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 27699-1611
919.707.9000

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
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
42 linear ft.
Wetland
0 acre
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. 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)
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 [phone], 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
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh NC 2 769 9-1611
919.707.9000

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.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: David Schaeffer, Army Corps of Engineers, Charlotte, email
Sandra Endlich, Ecodyne, Inc., send lich(a)ecodyne-cim. com
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 2 769 9-1611
919.7079000