20140643 Ver 2_401 Application_20180318

MOUNT
HOLLY
Connecting Community &Nature
Sent by email to: [e-mail]
Original Not Sent
Mr. Alan D. Johnson
Senior Environmental Specialist
State of North Carolina
Department of Environmental Quality Water Resources
of w(IPY 3 1/1--)1
PAID
February 22, 2018
��c
61
54,
%
Re: 401 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional
Conditions, Mount Holly Greenway
Issued Permit on September 2, 2014 DWR#14-0643 Gaston County
Dear Mr. Johnson:
There are NO CHANGES to the attached application and supporting documentation which your
Department relied on to issue the above referenced permit.
Construction commenced on this project and over $250,000 has been expended by the City of Mount
Holly for the bridge, clearing, earthwork, and soil erosion -sedimentation control measures — all before I
stopped construction. The greenway bridge is physically onsite ready for installation.
The reason for the work stoppage was to ensure the Wastewater Treatment Plant's (WWTP) structural
embankment was not jeopardized by the greenway construction.
Recently, the Mount Holly City Council voted to decommission our WWTP and connect to the Charlotte
Water wastewater system in Mecklenburg County. Thus our WWTP will have a limited life of operation
rather than be a permanent facility.
We have completed additional field surveys and re-evaluated the greenway design along the WWTP. We
are more confident that the greenway as designed will have little negative impact on the plant's structural
embankment.
My role has been to get this project under construction and completed without further delay. However, I
was recently advised of the need to seek the re -issuance of the current 404 and 401 permits. I will be
sending this same letter to Mr. David Brown.
The information outlined in the attached permit application will not change. Also, the contact information
remains unchanged.
P.O. Box 406 Mount Holly, North Carolina 28120

We are meeting with our contractor tomorrow February 23, 2018 and will be working on a schedule to
recommence work. It is our intent to reissue the Notice to Proceed and move quickly to install the bridge
subject to your review of the permit application.
Please accept this letter and attached application as our request for the re -issuance of the 401 and 404
permits.
Thank you for your assistance in this matter and I look forward to hearing from you.
If you should need additional information, please let me know and I will expedite a response.
Best Regards,
David E. Johnson, PE
Utilities Director/ City Engineer
The City of Mount Holly
Office 704.951.0074 x102
Cell 704.458.1309
[e-mail]
Attachment
CC: Mr. David Brown [e-mail]. miI
Mr. Scott Allen, PE sallen@sepiengineering com
Construction Services Manager North Carolina
SEPI Engineering & Construction
Mount Holly:
Mr. Danny Jackson
Mr. Miles Braswell
Mr. Derek Dixon
Mr. Greg Beal
Mr. Mark Jusko
P.O. Box 406 Mount Holly, North Carolina 28120

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tC R
Norttl'Carulina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Danny Jackson
City of Mount Holly
P.O. Box 408
Mount holly, NC 28120
John E. Skvarla, III
seclvh"
September 2, 2014
DWR# 14-0643
Gaston County
Subject: APPROVAL_ of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions, Mount Holly Greenway
Dear Mr. Jackson:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated June 10, 2014 and additional
information submitted on August 21,.2014, which was received by the Division of Water Resources
(the Division) on June 23, 2014 and August 22, 2014, respectively. After reviewing your
application, we have determined that this project is allow per the Catawba Buffer Rule (15A NCAC
0213.0243), and is covered by Water Quality General Certification Number 3890, which can be
viewed on our web site at htto://P ortal.ncdenr.oratwehbMLMg wsJ401. The General Certification
allows you to use Nationwide Permit Number 42 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. 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.
2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Wetlands
0
0.020 acre
Stream
0
38 linear ft.
Bank Stabilization
0
63 linear ft.
Buffer, Zone 1
43,211 scil ft.
23,000 sq. ft. -.
Buffer, Zone 2
5,235 sq. ft.
580 sq. ft.
1617 Mail Service Genu, Ralafgh, Nath Carolina 27MI650
Phone: 919$07-i001 Ink rnet www.nodencgov
An E1Wr Oppodoofty I Affirmft* Aeon Enpbsw- M W9IO put by reepded Mw

R-10
3. This approval is only valid for the purpose and design that you described in your application. If
you change_ your project, you mustnotify. 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.:
4. Trees located within the temporary impact area of the buffer which are removed for the
construction of the greenway shall be replaced. At minimum, 2 -inch caliper, S feet in height
native species trees shall. be utilized and shall be appropriately identified to prevent removal in
the future. Should a tree fail to survive, it shall be replaced.
5. Culverts: plaosd in streamstwedands shall be installed "in the dry". Immediately upon
completion of the installation, water flow shall be returned to its natural course. Existing stream
dimensions (including the cross ssrction dimensions, pattern,. and longitutlinal.profrls) must be
maintained (or restored via constructed benches) above and below locations of each culvert. If
any of -the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
S. 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 intedor/extedor slopes of sediment basins.
7. Barelfill slopes in excess of 104et in height and within 30 feet of surface waters shall be matted.
8. 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.
9. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
10. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in wetlands
and waters is -unavoidable, -they shall be removed and the natural grade restored within two
months of the date the Division of Land Resources has released the project.
11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
of Completion" form to the 401ANeWnds Unit of the Division.
12. Continuing Compliance. The applicant (Mount Holly, NC) 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 Wafter Act) and any other appropriate regOirements
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 shag notify the applicant and the US Army -Corps of
-Engi(ieers; provide jwt3lic notice in ao:ordanoe wftfi SK NCAC 2H.0503, 'and provide opportunity
for pubec hearing in addbr+danoa with 15A NCAC 2H:0664. Any hew or rmAsed 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.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
15M 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./Avww.ncoah.com/0r by calling the OAH Cleric'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:
ffSWX V Vie US POW Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
ffWndW Ift deArve yWrWW (UPS, Fad&. etc)
Office of Administrative Hearings
1711 Now Hope Church Rd.
Raleigh, NC 27609-6285:.
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
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 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
incerely,
for Thomas A. Reeder
Attachments
cc, • Army Corps of Engineers, Asheville
Karen Higgins, Wetiands.Unk
Greg Antemann, CWS
MRO, Land Quality

r
;ources
!AL QUALITY
March 15, 2018
Certified Mail Return Receipt Requested
Cert Mail # 70081300 00001124 5259
David Johnson
PO Box 406
Mount Holly, NC 28120
Subject: Check Return
Mount Holly Catawba River
Dear Mr. Johnson,
ROY COOPER
rnvrrnor
MICHAEL S. REGAN
Seurelwr
LINDA CULPEPPER
Interim Oirrcmr
DWR Project # 14-0643v2
Gaston County
On March 14, 2018, the Division of Water Resources (DWR) received check #139367 from you for $750
for the above referenced project. This project requires a check in the amount of $240. As a requested,
we are returning check #139367 to you and it is enclosed. Please remit a new check in the amount of
$240, paid to the order of DWR.
Thank you for your attention. If you have any questions, please contact Sheri Montalvo at [phone]
or me at [phone].
Sincerely, �I
Karen A. Higgins, Supervisor
Wetlands Branch
401 & Buffer Permitting Unit
KAH/scs
Enclosure: check #139367
cc: 401 & Buffer Permitting Unit - File Copy
Filename: 140643v2MountHollyCatawbaRiver(Gaston)_Check Return
State of North Carolina i Environmental Quality i Water Resources
1617 Mail Service Center i Raleigh, North Carolina 27699-1617
919 807 6300
AIAIAAI

MT,
o y
WP o
D 'ITY OF MOUNT HOLLY
To: Purchasing/Administration From:
Date: 2/26/2018 Department:
Check Requisition
Mark
Name of Requestor
Recreation
PAYEE
Name: NCDWR
4ddress: 1617 Mail Service Center Raleigh NC 27699
Phone: Fax:
ECOMMENDED BY: APPROVED BYMAR 0 8 M16
EPARTME
Z6�1✓
Date
X AFRICA OTIS
FINANCE OFFICER

MOUNT
Hoy yr _
Connecting Community &Xature
February 22, 2018
Sent by email to: [e-mail]
Original Not Sent
Mr. Alan D. Johnson
Senior Environmental Specialist
State of North Carolina
Department of Environmental Quality Water Resources
Re: 401 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional
Conditions, Mount Holly Greenway
Issued Permit on September 2, 2014 DWR#14-0643 Gaston County
Dear Mr. Johnson:
There are NO CHANGES to the attached application and supporting documentation which your
Department relied on to issue the above referenced permit.
Construction commenced on this project and over $250,000 has been expended by the City of Mount
Holly for the bridge, clearing, earthwork, and soil erosion -sedimentation control measures — all before I
stopped construction. The greenway bridge is physically onsite ready for installation.
The reason for the work stoppage was to ensure the Wastewater Treatment Plant's (WWTP) structural
embankment was not jeopardized by the greenway construction.
Recently, the Mount Holly City Council voted to decommission our WWTP and connect to the Charlotte
Water wastewater system in Mecklenburg County. Thus our WWTP will have a limited life of operation
rather than be a permanent facility.
We have completed additional field surveys and re-evaluated the greenway design along the WWTP. We
are more confident that the greenway as designed will have little negative impact on the plant's structural
embankment.
My role has been to get this project under construction and completed without further delay. However, I
was recently advised of the need to seek the re -issuance of the current 404 and 401 permits. I will be
sending this same letter to Mr. David Brown.
The information outlined in the attached permit application will not change. Also, the contact information
remains unchanged.
P.O. Box 406 Mount Holly, North Carolina 28120

e �
We are meeting with our contractor tomorrow February 23, 2018 and will be working on a schedule to
recommence work. It is our intent to reissue the Notice to Proceed and move quickly to install the bridge
subject to your review of the permit application.
Please accept this letter and attached application as our request for the re -issuance of the 401 and 404
permits.
Thank you for your assistance in this matter and I look forward to hearing from you.
If you should need additional information, please let me know and I will expedite a response.
Best Regards,
David E. Johnson, PE
Utilities Director / City Engineer
The City of Mount Holly
Office 704.951.0074 x102
Cell 704.458.1309
[e-mail]
Attachment
CC: Mr. David Brown [e-mail]
Mr. Scott Allen, PE [e-mail]
Construction Services Manager North Carolina
SEPI Engineering & Construction
Mount Holly:
Mr. Danny Jackson
Mr. Miles Braswell
Mr. Derek Dixon
Mr. Greg Beal
Mr. Mark Jusko
P.O. Box 406 Mount Holly, North Carolina 28120

R9
AMAWA
Fun,
North'Carolins Department of Environment and Natural Resources
Pat McCrory
Governor
I
Mr. Danny Jackson
City of Mount Holly
P.O. Box 406
Mount Holly, NC 28120
John E. Skvada, III
Secretary
September 2, 2014
DWR# 14-0643
Gaston County
Subject: APPROVAL of 401 Water Quality Certfication and Catawba Riparian Buffer Authorization
with Additional Conditions, Mount Holly Greenway
Dear -Mr. Jackson:
You have our approval, in accordance with the General Certification and those conditions
hated below, for the purpose proposed in your applicattion dated June 10, 2014 and additional
kiformation submitted on August 21,.2014, which was received by the Division of Water Resources
(the Division) on June 23, 2014 and August 22, 2014, respectively. After reviewing your
application, we have determined that this project Is allow per the Catawba Buffer Rule (15A NCAC
02B .0243), and is covered by Water Quality General Certification Number 3890, which can be
viewed on ourweb site at htto; conal.ncdenr.oroNue4bot wohnrs/401. The General Certification
allows you to use Nationwide Permit Number 42 once ft 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. In addition to the requirements of the owtification,
you must altio comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once oonstruction at the approved
impact areas has commenced.
2. Approved Impacts:
Type of Impact
Amount Approved
'temporary Impact
Amount Approved
Permanent Impact
Wetlands
0
0.020 acre
Stream
0
38 linear ft.
Bank Stabilization
0
63 linear ft.
Buffer, Zane 1
43,211 scil ft.
23,000 sq. ft. -.
Buffer, Zone 2
5,235 sq. ft.
580 sq. ft.
1617 Mall Salvia Center, Raleigh, North Cardlna 27699AW
Phone: [phone] Internet: www.nodenr.gov
An EqualoppoftoWl Mff4dW*AdM Employer-Mideln pet byreeycled papa

R-10
3. This approval is only valid for the purpose and design that you described in your application.
you change your project, you must, notify. us. In writing, and you may be required to send us a
new application .fora new certification; If the property is sold, the new owner must be given a
copy of the Ce"cation and approval letter, and is thereby.responslble for complying with all
conditions.:
4. Trees located within the temporary impact area of the buffer which are removed for the
construction of the greenway shall be replaced. At minimum, 24nch capper, 6 feet in height
native species trees shall. be utilized and shall be appropriately identified to prevent removal in
the future. Should a tree fad to survive, it shall be replaced..
5. Culvedwolaoed in streams/wedands shall be installed "in the dry". immediately upon
completion of the installation, water flow shall be returned to its natural course. Existing stream
dimensims Onaluding the cross section dimensions, pattet'n,_and longitudknal.profile) mupt be
maintained (or restored via constructed benches) above and belbw locations of each culvert. if
any of -the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
6. 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.
7. Bare/fill slopes in excess of 10 -feet in height and within 30 -feet of surface waters shall be matted.
B. 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.
9. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All
oonstruction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control. Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
10. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent predicable. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored within two
months of the date the Division of Land Resources has released the project.
11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
of Completion' form to the 401ANetiands Unit of the Division.
12. Continuing Compliance. The applicant (Mount Holly, NC) 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'standarda 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

wfih.such standards and requirements in acoordance with l5 A NCAC 2H.0507(d). Before
codifying the certification; the DivIsion shall notify the applicant and the US Army.Corps of
En itieei^s; provide p616116h6tica; in accordance with 15A= NCAC 2H.0503, and provioee' opportunity
fbr public hearing in accordance with 15A NCAC 2H'.0604. Any new or revised conditions shall
be provided to the applicant in writing, shat 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 projecd.
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
htb:/Ayww.ncoah.com/or by calling the OAH Clerk's Office at (919)'431-;3000.
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 oftice.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:
ffa %ft via Us PORN Savk :
Office of Adrrdniat VDM Hearings
6714 Mail Service Center
Raleigh, NC 27599-6714
Iia aft via 5w*0 ryes. Feft oft)
Office of Admirfotrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27809-6285:
One (1) copy of the petition must also be served on DENR as folkwvs:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1501
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 704863-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-5360.
Aincerely,
forThomas A. Reeder
Attachments
cc., • Army Corps of Engineers, Asheville
Karen Higgins, Wetlands.Unit
Greg Antemann, CWS
MRO, Land Quality

13893 - NC DENR - DIV OF WATER QUALITY i j9J(b /
CITY OF MOUNT HOLLY - MOUNT HOLLY, NC
REFERENCE DATE DESCRIPTION AMOUNT DISCOUNT NET PAID
-'-----------------------------------------------------------------------------
02262018 02/26/18 000011680 750.00 0.00 750.00
401 PERMIT FOR GREENWAY 41-00-8170-551 750.00
CHECK # DATE GROSS DISCOUNT CHECK AMOUNT
-------------------------------------------------------------------------------
139367 03/09/18 750.00 0.00 750.00