20100138 Ver 1_Approval Letter_20100408

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 8, 2010
DWQ# 10-0138
Mecklenburg County
Colonel Russell Ponder
Charlotte Air National Guard
4930 Minuteman Way
Charlotte, NC 28208
Subject: Storm Sewer Repair Project, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Colonel Ponder:
You have our approval, in accordance with the general certification and those conditions listed
below, to impact 470 linear feet (If) of unnamed stream to Taggart Creek in order to complete the
proposed project in Mecklenburg County, as described in your application received by the Division of
Water Quality (DWQ) on February 24, 2010. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3705, which can be viewed
on our web site at http://portal.ncdenr.org/web/wq/ws. The General Certification allows you to use
Nationwide Permit Number 39 once 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.
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. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?aturallJ
Internet: httl):Hportal.ncdenr.org/web/wq
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2. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
3. Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the restoration fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program
Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into a restoration fund.
You have 180 days from the date of this approval to make this payment. For accounting purposes,
this Authorization Certificate authorizes payment into the restoration fund to meet the following
compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 470 (feet) Catawba 03050103)
Wetlands (acres)
Waters (acres)
It is understood that an onsite enhancement plan is being developed for the site. The plan shall
be submitted and approved prior to the aforementioned payment schedule.
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from DWQ. If approved, they shall be removed and the natural grade restored within two
months of the date of the close out/stabilization of the given drainage area.
5. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality.
6. Continuing Compliance. The applicant (Charlotte Air National Guard, Colonel Ponder) 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
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any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for 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 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,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Craig Wyant, Fine Line Design