20171563 Ver 1_Approval Letter_20180118

Water Resources
Environmental Quality
Mr. Cary Rodriguez
City of Gastonia
Garland Municipal Business Center
150, S Fork Street
Gastonia, NC 28052
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
18 January 2018
DWR# 17-1563
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification and Catawba Buffer Authorization
with Additional Conditions, Gastonia SE Sewer
Dear Mr. Rodriguez:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated December 5, 2017 and received by the
Division of Water Resources (the Division) on December 6, 2017 and subsequent information
submitted on January 16, 2018. After reviewing your application, we have determined that this project
is covered by Water Quality General Certification Number 4133 which can be viewed on our web site at
http://Portal.ncdenr.org/web/wa/swp/ws/401. 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 (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
15 linear ft.
0 linear ft.
Wetland
0.24 acre
0.1136 acre
Buffer (Zone 1)
0
19,223 sq. ft.
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

3. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
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. 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:
6. The construction of the new sewer line may result in additional development along the
construction corridor. Development of these parcels may impact additional waters and cause
violations of downstream water quality standards. The cumulative impacts for this project
must be adequately addressed by the applicant (City of Gastonia) or the applicant may
assume responsibility for post construction storm water for any development associated with
this sewer system. The storm water facilities at minimum must be designed to meet state
standards and treat the runoff from any project whose impervious area is greater than/equal to
24% or document that the project will not impact water quality. 15A NCAC 2H .1000
7. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
Double silt fence/high hazard silt fence is strongly recommended in the others that the slope
gradient is problematic. 15A NCAC 02H .0506 (b)(3) and (c)(3)
8. At the stream impact areas, per the general certification, stream pattern, dimension, profile and
elevation shall be maintained. No rip rap shall be placed below the ordinary high water mark.
9. 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. 15A NCAC 02H .0506(b)(3)
10. 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)
11. 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)
12. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion' form to the 401/Wetlands Unit of the Division. 15A NCAC 02H .0507(c)
Compensatory Mitigation
River and Sub -basin Number
Required
Buffer (Zone 1)
19,223 sq ft.
Catawba (03050102)
X2 ratio
Wetlands
0 (acres)
na
6. The construction of the new sewer line may result in additional development along the
construction corridor. Development of these parcels may impact additional waters and cause
violations of downstream water quality standards. The cumulative impacts for this project
must be adequately addressed by the applicant (City of Gastonia) or the applicant may
assume responsibility for post construction storm water for any development associated with
this sewer system. The storm water facilities at minimum must be designed to meet state
standards and treat the runoff from any project whose impervious area is greater than/equal to
24% or document that the project will not impact water quality. 15A NCAC 2H .1000
7. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
Double silt fence/high hazard silt fence is strongly recommended in the others that the slope
gradient is problematic. 15A NCAC 02H .0506 (b)(3) and (c)(3)
8. At the stream impact areas, per the general certification, stream pattern, dimension, profile and
elevation shall be maintained. No rip rap shall be placed below the ordinary high water mark.
9. 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. 15A NCAC 02H .0506(b)(3)
10. 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)
11. 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)
12. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion' form to the 401/Wetlands Unit of the Division. 15A NCAC 02H .0507(c)

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
Rick Rote, Labella Associates, rrote cf_labellaac.com
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

17-1563
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, the City of Gastonia has permission as outlined below
to impact 24,440 sq ft of Catawba Riparian Buffer in order to proceed with the construction of the utility
line in Gaston 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: Armstrong -Ford Road
COUNTY: Gaston
BASIN/SUBBASIN Catawba (03050102)
Impacts:
19,223 sq. ft. Zone 1, Catawba Riparian Buffer
As required by 15A NCAC 2H .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:
19,223 sq ft of Zone 1 buffer required (X2)
Mitigation Required:
38,446 sq ft of Catawba Buffer, Zone 1, by the DMS required for the 401 Water Quality Certification. In
correspondence dated December 1, 2017 the DMS indicated that mitigation would be conducted by
DMS 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
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652
Date