20170490 Ver 1_Approval Letter_20170605

Water Resources
ENVIRONMENTAL QUALITY
Rev. Karla Woggon
Episcopal Church
726 1 s' Ave. NW
Hickory, NC 28601
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
5 June 2017
DWR# 17-0490
Catawba County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Stream Stabilization/Enhancement
Dear Rev. Woggon:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application received by the Division of
Water Resources (the Division) on April 27, 2017 and subsequent information submitted on May
25, 2017. After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Numbers 4087 and 4092 which can be viewed on our web
site at http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use
Nationwide Permit Numbers 13/27 and 18, once they are 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 Certifications 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 300 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
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.
360 linear ft.
Slateof North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Set ice Cenlcr I Raleigh. NC 27699-1611
919.707.9000

4. The stormwater discharge structure observed discharging to the stream shall be
removed. As submitted for review, it shall discharge approximately 8 ft prior to entering the
stream. An appropriate plunge pool shall be constructed to allow infiltration for minor
discharges. It 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)
5. Use of native vegetation and other soft stream bank stabilization techniques is
recommended. Plantings along the bank are recommended which will provide shading
and heavier root mass than typical grass.
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
htto://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
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:
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. William F. Lane, 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: Cathy Janiczak, Army Corps of Engineers, Charlotte, email
John Vilas, McGill Assoc., [e-mail]
DWR 401 & Buffer Permitting Branch file
Stare 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