HomeMy WebLinkAbout20060202 Ver 2_Approval Letter_20100712X?'?
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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mr. Barry Shearin
CMUD
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject Property: Briar Creek Sewer, Phase 11
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shearin:
July 12, 2010
DWQ# 06-0202V2
Mecklenburg County
You have our approval, in accordance with the general certification and those conditions listed
below, to impact 425 linear feet (If) of Briar Creek and its tributaries in order to construct the sewer
line in Mecklenburg County, as described in your application received by the Division of Water Quality
(DWQ) on June 21, 2010. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3819, 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 12 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 Naturally
Internet: http://portal.ncdenr.org/web/wq 4n Cnol (lnnnr4inhv(D ffirmo4nic A,#inn Gmnln%-r - rno/ r?onvnlorlH na/ Pnef ( nncnmcr Pnncr
2. The stream channel at the location of EMH #07-300 shall be restored. An existing stream crossing
was not maintained thus causing the degradation of the stream channel.
3. Riprap shall not be utilized unless absolutely required. Permanent impacts shall not exceed those
as stated in condition #20 of the general certification. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained or restored.
4. All work shall be conducted in the dry. Culverts placed in streams/wetlands shall be installed "in the
dry". Immediately upon completion of the construction/installation, water flow shall be returned to its
natural course.
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 project.
7. 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
8. Continuing Compliance. The applicant (CMUD) 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,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Laurin Kennedy, CDM, 301 S. McDowell St., Ste. 512, Charlotte, 28204