20100568 Ver 1_Approval Letter_20110216

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 16, 2011
Mr. Isaac Hinson
Charlotte Mecklenburg Storm Water Services
600 East Fourth Street
Charlotte, NC 28202
Re: Enclave Pond Project, Mecklenburg County
Ut to Walker Branch [030834, 11-137-10-1, C]
DWQ #20100568; USACE Action ID. No. SAW-2010-01358
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hinson:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3850, issued to Isaac Hinson and Charlotte Mecklenburg
Storm Water Services, dated February 16, 2011. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment
and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
*Coleen H. Sullins
CHS/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, AshevilleRegulatory Field Office
Wilmington District, USACOE
Alan Johnson, DWQ, Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Filename: 100568EnclavePondProj ect(Mecklenburg)401_IC
Wetlands, Buffers, Storinwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Isaac Hinson and Charlotte Mecklenburg Storm Water Services
Page 2 of 4
February 16, 2011
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Isaac Hinson and Charlotte Mecklenburg Storm Water
Services to fill or otherwise impact 0.98 acres of 404/wetland and 95 linear feet of perennial stream in the
Catawba River Basin, associated with the rehabilitation of an open water pond which is located in an
existing residential subdivision, located on Brotherly Lane and on the east side of Steele Creek Road, in
Charlotte, Mecklenburg County, North Carolina, pursuant to a revised application filed on the 12th day of
November of 2010, and received by the DWQ on November 16, 2010,and by Public Notice issued on
December 3, 2010, and received by the DWQ on December 3, 2020, and in additional correspondence
received January 27, 2011.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice. If the project is changed, prior to notification a new application for a new Certification is
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 of this Certification. Any new owner
must notify the Division and request the Certification be issued in their name. Should wetland or stream
fill be requested in the future, additional compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and
a new application for 401 Certification may be required. Compliance with the conditions listed below is
required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.98 (acres) Application and Public Notice
Stream - perennial 95 (feet) Application and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
Isaac Hinson and Charlotte Mecklenburg Storm Water Services
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February 16, 2011
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures should not be placed in wetlands or waters without approval
by the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in
a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or
upstream and down stream of the above structures. All sediment and erosion control devices shall
be removed and the natural grade restored within two (2) months of the date that the Division of
Land Resources or locally delegated program has released the project.
Continuing Compliance:
Isaac Hinson and Charlotte Mecklenburg Storm Water Services, shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division 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, the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Isaac Hinson and Charlotte
Mecklenburg Storm Water Services 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 Isaac
Hinson and Charlotte Mecklenburg Storm Water Services 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 of the 404 Permit for the project;
6. Deed Notifications
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 lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at:
http://portal.ncdenr.org/c/document-library/get_file?uuid=ef84dOe 1-5fc9-4183-87b5-
2f9d7eb152e0&groupld=38364 The text of the sample deed notification maybe modified as
Isaac Hinson and Charlotte Mecklenburg Storm Water Services
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February 16, 2011
appropriate to suit to this project. The text of the sample deed notification may be modified as
appropriate to suit to this project.
7. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at hto://h2o.enr.state.nc.us/su/Forms Documents.htm.;
8. Native wetland species and shrubs should be planted along the aquatic shelf in areas where
practicable to help promote diversity among species that may naturally propagate.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 16`h day of Febru 2011
DIV ONO W ALITY
?Coleen H. Sullins
CHS/ijm
3850