HomeMy WebLinkAbout20090197 Ver 1_Approval Letter_20090324X?
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 24, 2009
DWQ# 09-0197
Rowan County
Mr. Chris Tester
2007 Salisbury Rowan Utilities
One Water Street
Salisbury, NC 28144
Subject: SRU 2007 Annexation Sewerline
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Tester:
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 2.27 acre of wetland (1.86, temporary; .406 permanent corridor) and 100 linear feet (If) (80 If,
temporary; 20 If, permanent) of unnamed stream to Draft Branch in order to construct the sewer line in Rowan
County, as described in your application received by the Division of Water Quality (DWQ) on February 23,
2009. 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:
The submitted application does not adequately address cumulative impact analysis. It appears that
construction of the new sewer line could result in additional development to existing and adjacent land
parcels. 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 Rowan County commit to requiring on-
site storm water management measures for those parcels 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 submit a written comment as to your
approach to the Division within 60 days of receipt of this approval.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 ?y?l//?
Internet: www.ncwaterguality.org ?atL
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2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
3. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) above and below locations of each stream crossing.
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. Use of native vegetation and other soft stream bank stabilization techniques must be used 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 the DWQ.
6. 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.
7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality.
8. Continuing Compliance. The applicant (Rowan County Utilities) 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
Len Rindner