HomeMy WebLinkAbout20120198 Ver 2_Approval Letter_20180417Water Resources
Environmental Quality
April 17, 2018
Ms. J Young
Town of Mooresville
413 North Main St.
Mooresville, NC 28115
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Mount Mourne Gravity Outfall
Dear Ms. Young:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR# 12-0198V2
Iredell County
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated March 26, 2018, and received by the Division
of Water Resources (the Division) on April 2, 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 httos://dea.nc.aov/about/divisions/water-resources/water-resources-
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. Use of native vegetation and other soft stream bank stabilization techniques is required to be in
accordance with your application. No riprap is allowed unless approved by the Division.
The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
----j""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. 736 linear ft.
Wetland 0.77 acre 0.91 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. 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 (Town of Mooresville) or the applicant may
assume responsibility for post construction storm water management plan (SMP) for any
development associated with this sewer system. The SMP shall be approved prior to the
initiation of land disturbance. Prior to the occupation of any structure and/or facility, the
approved SMP shall be constructed and operational. The storm water facilities at minimum
must be designed to meet state or document that the project will not impact water quality. 15A
NCAC 2H.1000, 15A NCAC 02H .0506(b)(5)
7. 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)
8. 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)
9. 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)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 1506
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 httr)://www.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 office hours (Monday through Friday, 8:00 am to 5:00 pm,
excluding state holidays).
The petitions may be faxed to the OAH at (919) 431-3100, 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. Bill 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.
Winerelly
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 Env., email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality