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December 15, 2003 Page 314 <br /> <br />requirements which relates to the applications made to and grants <br />received from the Federal Transit Administration, as well as the <br />provisions of Section 1001 of Title 18, U.S.C. <br /> <br />NOW, THEREFORE, be it resolved that the County Manager of Cabarrus <br />County is hereby authorized to submit a grant application for <br />federal and State funding, make the necessary assurances and <br />certifications and be empowered to enter into an agreement with the <br />NCDOT to provide rural public transportation services. <br /> <br />(G-15) Resolution of A~reement with N.C. Division of Water Q~ality for Westside <br />B~r~ass Extension Pro~ect R-2246C <br /> <br /> A 401 Water Quality Certification from the North Carolina Division of Water <br />Quality is required before the North Carolina Department of Transportation can <br />advertise for bids on the Westside Bypass Extension Project (R-2246C). To issue <br />this certification, the Division of Water Quality is requiring that Concord and <br />Cabarrus County agree to work with that office on additional water quality <br />protection measures. <br /> <br /> UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth and <br />unanimously carried, the Board adopted the following Resolution to be forwarded <br />to the North Carolina Division of Water Quality. <br /> Resolution No. 2003-38 <br /> Resolution of Agreement by Cabarrus County with <br /> The North Carolina Division of Water Quality for the <br /> Westside Bypass Extension Project <br /> R-2246C <br /> <br />WHEREAS Cabarrus County supports the development and improvement of existing and <br />proposed roadways serving Cabarrus County and Concord; and <br /> <br />WHEREAS Cabarrus County recognizes the importance of the Westside Bypass (TIP R- <br />2246C) for the transportation network serving Cabarrus County and Concord; and <br /> <br />WHEREAS the North Carolina Division of Water Quality, as part of the <br />environmental approvals for Westside Bypass is required to issue a 401 Water <br />Quality Certification; and <br /> <br />WHEREAS the North Carolina Division of Water Quality has indicated that local <br />responsible governments will need to indicate their willingness to work with the <br />North Carolina Division of Water Quality to develop and adopt additional water <br />quality protection measures and, in turn, will be able to issue the 401 Water <br />Quality Certification; and <br /> <br />WHEREAS the City of Concord has submitted a NPDES Phase II Stormwater application <br />to the Division of Water Quality in March 2003 based on the standards of the <br />Interim Stormwater Rules approved by the Environmental Management Commission, and <br />Cabarrus County is working cooperatively with the City of Concord on stormwater; <br />and . <br /> <br />WHEREAS the majority of the Westside Bypass Extension Project (TIP R-2246C) is <br />within the corporate limits of the City of Concord; <br /> <br />NOW THEREFORE BE IT RESOLVED that Cabarrus County hereby agrees to work with the <br />North Carolina Division of Water Quality and the City of Concord to develop and <br />implement mechanisms within the impact area of those projects that include the <br />proposed Phase II stormwater management plan contained in the NPDES permit <br />application and address, to the satisfaction of the Director of the North <br />Carolina Division of Water Quality, the following items that are contained within <br />the proposed Phase II stormwater management plan: <br />I. Stream Buffers on intermittent and perennial streams and ponds; <br />II. On-Site Stormwater Management from new development; <br />Cabarrus County agrees to work with the North Carolina Division of Water Quality <br />and the City of Concord to properly adopt these mechanisms in accordance with the <br />implementation schedule established for Concord which is contained in the NPDES <br />permit approved by the Director of the North Carolina Division of Water Quality. <br /> <br />Cabarrus County understands that in return the North Carolina Division of Water <br />Quality agrees that cumulative impact issues concerning these projects are <br />adequately addressed and that the North Carolina Division of Water Quality will <br />then issue the required 401 Water Quality Certifications for the Westside Bypass <br />Extension within three days of the signing of this agreement. <br /> <br />This the 15th day of December, 2003. <br /> Board of Commissioners <br /> Cabarrus County <br /> North Carolina <br /> /s/ Robert M. Freeman <br />Attest: /s/ Frankie F. Bonds Robert M. Freeman, Chairman <br /> Frankie F. Bonds, County Clerk <br /> <br /> <br />