HomeMy WebLinkAbout20111002 Ver 1_Approval Letter_20111219A'
NCD►ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr David Woodie
City of Charlotte Stormwater Services
700 East Fourth St
Charlotte NC 28202
Division of Water Quality
Coleen H Sullins
Director
Subject Torrence Creek Trib I Stream Restoration
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Woodie
Dee Freeman
Secretary
December 19 2011
DWQ# 11 1002
Mecklenburg County
You have our approval in accordance with the general certification and those conditions listed below to impact
11 320 linear feet (If) of a tributary to Torrence Creek in order to complete the proposed stream restoration protect in
Mecklenburg County as described in your application received by the Division of Water Quality (DWQ) on November
14 2011 After reviewing your application we have determined that this protect is covered by Water Quality General
Certification Number 3689 which can be viewed on our web site at http //portal ncdenr org 1web /wq /swp /ws /401 The
General Certification allows you to use Nationwide Permit Number 27 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 protect
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 protect 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
2 Provide documentation regarding sediment load reduction and other functional uplifts proposed by the protect once the
protect is stabilized and functioning (end year 1 2 &3)
3 All wetlands streams surface waters and riparian buffers located on the protect site where impacts are not allowed shall
be clearly marked (example- orange fabric fencing) prior to any land disturbing activities
4 Stormwater discharge structures at this site to the extent practicable be modified such that the potential receiving streams
will not be impacted due to sediment accumulations scouring or erosion of the stream banks
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NOrthCarohna
Phone (704) 663 1699 \Fax (704) 663 -6040\ Customer Service 1 877 623 6748 �atuL all
Internet http 1 /portal ncdenr org /web /wq
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
5 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 Preconstruction Notification application All construction activities associated with this project
shall meet and /or exceed those requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual and shall be conducted so that no violations of state water quality standards statutes or rules
occur
6 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable If
placement of sediment and erosion control devices in wetlands and waters is unavoidable they shall be removed and the
natural grade restored within two months of the date the Division of Land Resources has released the protect
7 Upon completion of the project the applicant shall complete and return the enclosed Certificate of Completion form to
the 401Metlands Unit of the NC DWQ
8 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 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 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 DWQ 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 Karen Higgins in the Central
Office in Raleigh 919 807 -6360
Sincerely
a _
for Coleen H Sullins
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
MRO Land Quality