HomeMy WebLinkAbout20071778 Ver 1_Approval Letter_20080128\o~OF Vv H I F9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 28; 2008
DWQ# 07-1778
Mecklenburg County
Ms. Gwen Cook
Mecklenburg County Parks/Recreation
5841 Brookshire Blvd.
Charlotte, NC 28216
Subject: Toby Creek Greenway
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Cook:
You have our approval, in accordance with the attached conditions and those listed below, to impact 226
linear feet (If) of Toby Creek in order to construct the proposed greenway in Mecklenburg County, as described
in your application received by the Division of Water Quality (DWQ) on October 19, 2007 and subsequent
information on January 25, 2008. 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://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number
42 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.
2. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via
constructed benches) above and below locations of each culvert. If any of the existing pipes are or
become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
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 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
OCCU f . NorthCarolina
JVaturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: ncwaterqulaity.org FAX (704) 663-6040 1-877-623-6748
An Equal OpportunitylAfFrmative Action Employer - 50% Recycled/10% Post Consumer Paper
The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment to the EEP to meet the following
compensatory mitigation requirement:
Compensatory
Miti ation Re uired River and Sub-basin
Number
Stream 290 (feet Yadkin 03040105
Wetlands acres
Waters (acres)
4. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be
placed in the streambed, unless approved by the DWQ.
5. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or
erosion of the stream banks.
6. 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.
7. 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 project.
8. 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.
9. Continuing Compliance. The applicant (Mecklenburg County) 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 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 Coleen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy