20081551 Ver 2_Approval Letter_20081028

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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
October 28, 2008
DWQ# 08-1551
Iredell County
Mr. John Vest
Town of Mooresville
413 North Main Street
Mooresville, NC 28115
Subject: Presbyterian Rd. Pump Station
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Vest:
You have our approval, in accordance with the attached conditions and those
listed below, to impact 117 linear feet (If) (60 If permanent) of unnamed stream to West
Branch Rocky River in order to construct the sewer line in Iredell County, as described
in your application received by the Division of Water Quality (DWQ) on October 8, 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.
Mailing Address Phone [phone] Location One
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 No hCarolina
atu-nally
Mooresville, NC 28115 Mooresville, North Carolina
Internet: www.ncwateraualitv.org Customer Service 1-877-623-6748
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2. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained (or restored via constructed benches). The use
of native vegetation and other soft stream stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. The use of riprap
shall be minimized to the maximum extent practicable.
3. The construction of the new sewer line could result in additional development to
existing and adjacent land parcels and greater density development. Development of
these parcels may impact additional streams/wetlands, and may cause violations of
downstream water quality standards. The cumulative impacts for this project must be
adequately addressed. Alternatively, one way to address this concern is to have the
City of Mooresville commit to requiring on-site storm water management measures
(such as level spreaders, bio-retention or constructed wetlands) for those parcels
(>24% impervious) when they are developed and should they desire to connect to the
system. However, the Division is open to other approaches that would protect
downstream water quality from cumulative impacts. It is requested that you submitted
in written comment as to your approach to Division.
4. 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.
5. 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.
6. Upon completion,of the project, the applicant shall complete and return the enclosed
"Certificate of Completion" form to the 401/Wetiands Unit of the NC Division of Water
Quality.
7. Continuing Compliance. The applicant (Town of Mooresville,John Vest) 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
Sarah McMillan, Black & Vetch Co., 8520 Cliff Cameron Dr., Ste. 210, Charlotte, 28269