HomeMy WebLinkAbout20181719 Ver 1_Approval Letter_20190116ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 16, 2019
DWR# 18-1719
Cabarrus County
Ms. Cindy Safrit
Department of Agriculture and Consumer Services
Soil and Water Conservation
P.O. Box 845
Mocksville, NC 27028
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Almond Produce Stream Restoration
Dear Ms. Safrit:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated December 18, 2018,
and received by the Division of Water Resources (the Division) on December 18, 2018 and
subsequent information on January 16, 2019. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 4134
which can be viewed on our web site at https://deg.nc.gov/about/divisions/water-
iso lated-wetlands-waters-prog ram The General Certification allows you to use Nationwide
Permit Number 27 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. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699
3. Approved Impacts:
Type of Impact
Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream relocation
(restore/stabilize)
479 linear ft.
55 linear ft.
Wetland
0 acre
0 acre
4. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
5. The permittee shall report to the Mooresville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. Information
shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description
of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case-by-case basis. 15A NCAC 02B .0200
6. 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)
Upon completion of the project, the applicant shall complete and return a "Certificate of
Completion" form to the 401/Wetlands Branch of the Division using the following link:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
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
http://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.
Sincerely,
04�
�P Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Cathy Janiczak, Army Corps of Engineers, Charlotte, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality