20171242 Ver 1_Approval Letter_20171027

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY Director
27 October 2017
DWR# 17-1242
Iredell County
Ms. Kathryn Godley, Mgr
South Fork Mooresville, LLC
P.O. Box 1140
Cornelius, NC 28031
Subject: After -the -Fact APPROVAL of 401 Water Quality Certification with Additional
Conditions, Mazeppa Rd./Thunder Rd. Project
Dear Ms. Godley:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated September 12, 2017 and received by the
Division of Water Resources (the Division) on October 2, 2017. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 4085 which
can be viewed on our web site at http://portal.ncdenr.ora/web/wq/swp/ws/401. The General
Certification allows you to use Nationwide Permit Number 32 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 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. Approved Impacts:
Type of
Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
(restoration)
0 linear ft.
1621 linear ft.
Stream (fill)
0 acre
377 linear ft.
Wetland (fill)
0 acre
.01 acre
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

3. Stormwater 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. 15A NCAC 02H .0506(b)(5)
4. 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.
5. The stream restoration as stated in the application shall be monitored over a five (5) year
period. Any repairs/modifications necessary to achieve the intended result may need DWR
approval.
6. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as specified in
the table below. The Division has received notification/acceptance from the Division of
Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and
clears your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this Certification
authorizes payment to meet the following compensatory mitigation requirement:
Compensatory River and Sub -basin Number
Mitigation Required
Stream 377 (feet) Yadkin (03040102) 1:1 ratio
Wetlands 0 (acres)
7. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality
Certification means that DWR has determined that the proposed activity will not remove or
degrade significant existing uses of the surface water . The issuance does not represent an
approval of credit yield for the project. (15A NCAC 2H .0506(a))
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)
9. 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)
10. The issuance of this Certification does not exempt the permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer
rules, stormwater management rules, soil erosion and sedimentation control requirements, etc.
11. Continuing Compliance. The applicant (Kathryn Godley, South Fork Mooresville, LLC) 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 the Division 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, the Division 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, the Division 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
State or North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street I Ib1l Mail Service Center I Raleigh,NC27699-1611
919.7079000

issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project. 15A NCAC 026.0200
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 [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: David Schaeffer, Army Corps of Engineers, Charlotte, email
Jennifer Robertson, Atlas Env. 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, NC 27699-1611
919.707.9000

17-1242
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Kathryn Godley, South Fork Mooresville, LLC has permission as outlined
below to impact the stated stream and wetland impacts in order to proceed with the facility in Iredell County, North
Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the
attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
1998 linear feet of stream
1621 If, restoration
377 If, fill
0.01 acre wetland
Thunder Rd./Mazeppa Rd.
Iredell
Yadkin (03040102)
As required by 15A NCAC 211 .0506, and the conditions of this certification, you are required to compensate for the
above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the nearest foot and
acreage requirements must be rounded to one-quarter acre increments according to 15 2r .0503(b).
Mitigation:
377 linear feet total of stream required
(Be advised the Army Corps, Engineers requires further mitigation)
Mitigation Required:
377 linear feet of stream by the DMS required for the 401 Water Quality Certification. In correspondence dated
September 19, 2017 the DMS indicated that mitigation would be conducted by DMS for 823 linear feet of stream if
available within the cataloging unit. More may be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a
fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Ecosystem
Enhancement Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652
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