HomeMy WebLinkAbout20170894 Ver 1_Approval Letter_20170817ROY COOPER
Governor
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MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY Director
17 August 2017
DWR# 17-0894
Cabarrus County
Mr. Joe McGorrey
TPA Group
3350 Riverwood Parkway, Ste. 750
Atlanta, GA 30339
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Project Hercules, NC Hwy 73
Dear Mr. McGorrey:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated July 17, 2017 and
received by the Division of Water Resources (the Division) on July 20, 2017 and subsequent
information on August 15, 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://portal.ncdenr.org/web/wo/swp/ws/401. The General Certification allows
you to use Nationwide Permit Number 39 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 and subsequent information submitted. 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
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
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
3. Approved Impacts:
Type of Impact Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream 20 linear ft.
290 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. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. The City of Kannapolis is the delegated program for storm water (SMP) oversite. The
SMP may not be modified without prior written authorization from Kannapolis or other
approved authority. Impacts to stream shall not occur prior to receiving approval from
Kannapolis. If the SMP is modified in the future, then you shall provide one modified
SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the
commencement of the modifications.
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
8. 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, except that approved. 15A NCAC
02H .0506(b)(3)
9. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 021-1.0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)
10. 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)
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:
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 1 1611 Mail Service Center I Ralelgh. NC27699-1611
919.707.9000
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: Army Corps of Engineers, Charlotte, email
Heath Caldwell, WPEG, email
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, NC27699-1611
919.707.9000