20140643 Ver 2_Approval Letter_20180405

Water Resources
Environmental Quality
Mr. David Johnson
City of Mount Holly
P.O. Box 406
Mount Holly, NC 28120
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
5 April 2018
DWR# 14-0643V2
Gaston County
Subject: Re -Authorization of APPROVAL of 401 Water Quality Certification and Catawba Riparian
Buffer Authorization with Additional Conditions, Mount Holly Greenway
Dear Mr. Johnson:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application received by the Division of Water Resources (the
Division) on March 14, 2018. After reviewing your application, we have determined that this project is
allowed per the Catawba Buffer Rule (15A NCAC 02B.0243), and is covered by Water Quality General
Certification Number 4145, which can be viewed on our web site at
wetlands-buffer-permits/401-401-isolated-wetlands-waters-program. 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:
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 02B .0243(8), 15A NCAC 02H.0507
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 sq. ft.
23,000 sq. ft.
Buffer, Zone 2
W5,2L5 s . ft.,,- 1
580 sq. ft.
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

3. All previous conditions associated with the water quality certification issued September 2, 2014
shall remain in effect.
4. 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.
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 htto://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 DENR as follows:
Mr. William F. Lane, 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.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: David Schaeffer, Army Corps of Engineers, Asheville
Wetlands Unit
MRO, Land Quality