HomeMy WebLinkAbout20150416 Ver 1_Approval Letter_20181101ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
NORTH CAROLINA
Environmental Quality
November 1, 2018
DWR # 15-0416
Alexander County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Russell Gap Mitigation Site
Dear Mr. Xu:
You have our approval for the impacts listed below for the purpose described in your
application dated September 28, 2018, received by the Division of Water Resources
October 1, 2018. These impacts are covered by the attached Water Quality General
Certification Number 4134 and the conditions listed below. This certification is associated
with the use of Nationwide Permit Number 27once 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific
and general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
YFaMSIMR�nwm'ppY,
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh. North Carolina 27699-1611
919.707.9000
Type of Impact
Amount Approved
(units)
Permanent
Russell Gap Mitigation Site
DWR# 2015-0416
401 APPROVAL
Page 2 of 5
Amount Approved
(units)
Temporary
Wi
0.034 acres
0 acres
W2
0.004
0
W3
0.087
0.002
W4
0.0004
0
W5
0.013
0
W6
0.002
0
W7
0
0.0004
W9
0.001
0.002
W 11
0.054
0
W12
0.071
0
W15
0.002
0.007
W17
0.003
0
W18
0.002
0
W19
0.001
0
W20
0.0004
0.003
W21
0.001
0
W22
0.003
0
W23
0.016
0
W25
0.002
0.006
W26
0
0.014
W27
0.073
0
Total
0.422
0.129
R7b
1,240.1
0
Stream
453.1
0
R1
2,080.3 linear feet
0 linear feet
R2
169.2
0
R3
415.7
0
R4
2.109.1
0
R4a
307.6
0
R5
217.5
0
R6
767.3
0
R7a
107.2
0
R7b
1,240.1
0
R8
453.1
0
A 9 9f
North Carolina Department of Environmental Quality I Division of Water Resources
Russell Gap Mitigation Site
DW RN 2015-0416
401 APPROVAL
Page 3 of 5
R9
442.8
0
R10
394.6
0
R11
711.7
0
R12
113.7
0
R13
135.8
0
R14
592.3
0
RIS
285.3
0
R17
105.8
20.5
R18
181.8
25.1
R19
379.0
21.1
R20
247.0
0
R21
89.1
0
R22
121.7
0
R22a
64.5
0
R25
442.1
0
R26
490.9
0
R27
163.8
0
Total
12,829.0
66.7
2. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of the
Certification. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and
General Certification(s)/Permit/Authorization and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2)]
3. The issuance of the 401 Water Quality Certification for the
restoration/enhancement project does not represent an approval of credit yield for
the project. [15A NCAC 02H .0500(h)]
4. You have our approval for your proposed final stream enhancements/restorations
plan. The stream restorations/enhancements must be constructed, maintained, and
monitored according to the plans approved by this Office and this Certificate of
Coverage. Any repairs or adjustments to the site must be made according to the
approved plans or must receive written approval from this Office to make the
repairs or adjustments. [15A NCAC 02H .0506(h)]
North Carolina Department of Environmental Quality I Division of Water Resources
Russell Gap Mitigation Site
D W R# 2015-0416
401APPROVAL
Page 4 of 5
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B
by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http,//www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000 for information. 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 between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one
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
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Q��
North Carolina Department of Environmental Quality I Division of Water Resources
Russell Gap Mitigation Site
DWR# 2015-0416
401 APPROVAL
Page 5 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Mac Haupt at 919-707-3632 or Mac.HauptPncdenr.gov if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Kristi Suggs, Michael Baker Intl. (via email)
Todd Tugwell, USACE Raleigh Regulatory Field Office (via email)
Alan Johnson, DWR Mooresville Regional Office 401 file (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 150416RussellGap(Alexander) 401 approval.ltr.docx
North Carolina Department of Environmental Quality I Division of Water Resources