HomeMy WebLinkAbout20081392 Ver 1_Approval Letter_20080929W AT ?RQG
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Mr. Jarrod Karl
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Subject: Nightingale Lane SDIP, Charlotte
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
September 29, 2008
DWQ# 08-1392
Mecklenburg County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Karl:
You have our approval, in accordance with the attached conditions and those listed
below, to impact 0.41 acre of wetland and to impact (472 linear feet (If), permanent; 4,864 If,
temporary) of unnamed stream to McMullen Creek in order to complete the stream project in
Mecklenburg County, as described in your application received by the Division of Water Quality
(DWQ) on September 11, 2008. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Numbers 3687, 3689, & 3688 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 Numbers 3, 13, 27, & 33 once they are 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 Certifications will expire when the associated 404 permits expire
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. All wetlands, streams, surface waters, and riparian buffers located on the project site where
impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any
land disturbing activities.
Mailing Address Phone (704) 663-1699 Location
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
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3. 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.
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.
Please send photographs of the upstream and downstream sides of each culvert site to
document correct installation, along with the Certificate of Completion form.
6. 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 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,
l?
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Greg Antemann, CWS