20081334 Ver 1_Approval Letter_20080929

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 29, 2008
DWQ# 08-1334
Union County
Mr. Don Hughes
Union County Public Schools
116 North Main St.
Monroe, NC 28112
Subject: UCPS Middle/High School
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hughes:
You have our approval, in accordance with the attached conditions and those listed
below, to impact 0.097 acre of wetland and 35 linear feet (If) of North Crooked Creek in order to
construct the construct the sewer line in Union County, as described in your application received
by the Division of Water Quality (DWQ) on August 28, 2008. After reviewing your application,
we have determined that this project is covered by Water Quality General Certification Number
3699, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. 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. 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. 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.
In addition to the requirements of the certification, you must also comply with the
following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. 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.
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
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3. All wetlands, streams, surface waters, and riparian buffers located on the project site where
impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any
land disturbing activities.
4. Use of native vegetation and other soft stream bank stabilization techniques must be used
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 the DWQ.
5. Storm water 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.
6. A final, written storm water management plan (including a signed and notarized Operation
and Maintenance Agreement) shall be submitted to the 401 Oversight and Express
Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the
issuance of the 401 Water Quality Certification. The storm water management plans shall
be approved in writing by this Office before the impacts specified in this Certification occur.
You have the option of using the Express Review Program for expedited approval of these
plans. If you propose to use the Express Review Program, remember to include the
appropriate fee with the plan. The storm water management plan must include construction
plans, specifications, storm water BMP worksheets, and supporting calculations. The storm
water best management practices are required to be appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent
version of the NC DENR Storm water Best Management Practices Manual. These facilities
must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality. Also, before any permanent building is occupied
at the subject site, the facilities (as approved by this Office) shall be constructed and
operational, and the storm water management plan (as approved by this Office) shall be
implemented. The structural storm water practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural storm
water practices shall be made without written authorization from the Division of Water
Quality.
7. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from DWQ. If approved, they shall be removed and the natural grade restored
within two months of the date of the close out/stabilization of the given drainage area.
8. Upon completion of the project, the applicant shall complete and return the enclosed
"Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
Please send photographs of the upstream and downstream sides of each culvert site to
document correct installation, along with the Certificate of Completion form.
9. Continuing Compliance. The applicant (Union County Public Schools, Don Hughes) 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 DWQ 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, DWQ 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, DWQ shall notify the applicant and
the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to
the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality 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. Cyndi Karoly in the Central Office in Raleigh
919-733-9721.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
File Copy
Heather Crutchfield, Terracon