20171653 Ver 1_Application Returned_20180126

ROY COOPER
N
.. Governor
MICHAEL S. REGAN
Secretary
Water Resources LINDA CULPEPPER
Environmental Quality Interim Director
26 January 2018
DWR# 17-1653
Iredell County
Ms. Kathy B Godley
P.O. Box 1140
Cornelius, NC 28031
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Old Murdock Rd. Project Site
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 December 12, 2017 and received by the
Division of Water Resources (the Division) on December 21, 2017 and subsequent information on
January 17, 2018. After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Number 4139 which can be viewed on our web site at
http://Portal.ncdenr.org/web/wq/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. 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)
3. Due to filling the headwaters, the stream shall be monitored for a distance of at least 150 linear
feet down gradient of Murdock Road to ensure there is not a loss of use (continued base flow).
The monitoring period shall be one (1) year, once per quarter (4 site visits) with a conditional
additional year depending on results following the completion of the facility. Reports shall be
submitted to the DWR and the COE. 15A NCAC 02H .0500
:�Nothing Compares"- ,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

4. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 0 linear ft. 63 linear ft.
Wetland 0 acre 0.11 acre
5. 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)
6. A French Drain system beneath the fill shall be utilized to perpetuate groundwater flow to the
remaining stream.
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)
8. Stormwater discharge structures at this site shall discharge flow such that the receiving stream
(of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks. 15A NCAC 02H .0506(b)(5)
9. 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)
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 [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: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699-6714 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
Jennifer Robertson, Atlas Environmental, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality