20110049 Ver 3_Approval Letter_20130111

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 11, 2013
Charlotte Mecklenburg Utilities
Attn: Dennis Gwaltney
5100 Brookshire Bv.
Charlotte, NC 29216
DWQ # 11 -0049 v3
Mecklenburg County
Subject Property: Approval of 401 Water Quality Certification with Additional Conditions
Revisions to McKee Creek Outfall
Dear Dr. Gwaltney:
You have our approval, in accordance with the general certification and those conditions listed below, to
impact an additional eighty (80) linear feet of an unnamed tributary of McKee Creek in order to
construct the McKee Creek Outfall, as described within your application received by the N.C. Division of
Water Quality (Division) on January 3, 2013. The impacts are covered by General Water duality
Certification Number(s) 3884, which allows you to use Nationwide Permit(s) NW12 when issued by the
US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non - discharge, and other regulations. 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.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total fills for this project (now or in the future) exceed
one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described
in 15A NCAC 02H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Additional Conditions of Certification:
1. All conditions in the 401 WQCs issued on January 21, 2011 and September 11, 2012 are hereby
incorporated into this Certification.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a
petition form from the Office of Administrative Hearings at http. / /www.ncoah.com/ or call (919) 431-
3000 for information.
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Revisions to the McKee Creek Outfall
Page 2 of 2
January 11, 2013
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office
of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received
in the Office of Administrative Hearings during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the
original and one copy of the petition is received by the Office of Administrative Hearings within five (5)
business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
Sincerely,
Karen Higgins, Supe isor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
Enclosures: GC3884
cc: U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District
DWQ MRO 401 files
Jesse Degnan, S &MC, Inc., 9751 Southern Pine Boulevard, Charlotte, NC 28273 -5560
File Copy
Filename: 110049v3McKeeCreekOutfall (Mecklenburg)_401.docx