20031205 Ver 1_Approval Letter_20031118 (2)

W A 7 F Michael F. Easley, Governor
0 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
tom- Alan W. Klimek, P. E. Director
Division of Water Quality
-? Coleen H. Sullins, Deputy Director
Division of Water Quality
November 18, 2003
DWQ# 03-1205
Mecklenburg County
Ms. Mary C. Murray
City of Charlotte Storm Water Services
600 East Fourth St.
Charotte, NC 28202
Subject Site: Mulberry Church Rd., Westport Rd. (Wilkinson Blvd/Billy Graham Rd. Pkwy. Improvement
Porject), Charlotte, NC
APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration
Program
Dear Ms. Murray:
You have our approval, in accordance with the attached conditions and those listed below, to impact
two unnamed tributaries to Taggart Creek for a total of 660 linear feet of stream bank, 395 linear feet of
perennial stream, and 135 linear feet of intermittent stream. The following impacts are hereby approved
as described in your application received by the Division of Water Quality (DWQ) on October 31, 2003.
Site/Stream Amount Approved
Units Plan Location or Reference
Site A 130 feet Westport Rd. connector
Site B 135 (feet) Mulberry Ch. Rd., culvert
re lacement
Site C 265 feet Relocated Mulberry Rd
Site D 130 feet Wilkinson Blvd., culvert, stream bank
After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3404 and Number 3376, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetiands. These General Certifications allow you to use Nationwide Permit
Number 14 and Number 3 when they are issued by the U.S. Army Corps of Engineers. Please note that
you should get any other federal, state or local permits before you proceed with your project, including (but
not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed.
This Certification will expire when the associated 404 permits expires unless otherwise specified in the
General Certification. 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 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.
If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be v ou
A '
N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748
must follow the conditions listed in the attached Certification, as well as the additional conditions listed
below:
Page 2
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds on the property. These
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404
Permit (whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
2. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC
Division of Water Quality upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-
663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Greg Antemann, Carolina Wetland Services
Wetlands Unit
Central Files
File Copy
N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115
GDFN i
[phone] Customer Service
1-877-623-6748