20040587 Ver 3_Approval Letter_20070108

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'vlichael F. Easley, Governor i
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William G. Ross Jr ,Secretary
Nc,rt! Carolina Department of Environment and Natural Resources
Alan bL' Klimek, P.E. Director
Division of Water Quality
January 8, 2007
DWQ# 04-0587
Mecklenburg County
Mr. Jarrod Karl
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Subject: 501 Lyles Court Maintenance Project, Revision #3, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Karl:
You have our approval, in accordance with the attached conditions and those listed below, to impact 81
bank feet of stream as described in your application to the Division of Water Quality received on December 15,
2006. This is in addition to the impacts previously approved on November 30, 2005 for 400 bank feet for hard
stabilization (i.e. gabion wall), 140 bank feet for soft stabilization, and 10 linear feet (If) for rip rap installation.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Numbers 3495 and 3494, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certifications allow you to use Nationwide Permit Numbers
3 and 13 once they are 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.
The above noted Certification will expire when the associated 404 permit 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.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All previous conditions stated in the prior Water Quality Certification apply to this new Certification.
2. Continuing Compliance. The applicant (City of Charlotte) shall conduct all activities in a manner so as not to
contravene any state water quality standard (including any requirements for compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions cot ~4q.4
o aro ina
Permit for the project. atura~ly
North Carolina Division of Wa[er Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Jarrod Karl
Page 2
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 1506 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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely, ,' ,
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for Alan W. Klimek, P.E.
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Land Quality, MRO
Greg Antemann
Central Files