20031534 Ver 1_Approval Letter_20040203

O? \V A Michael F. Easley, Governor
William G. Ross Jr., Secretary
\O? QG North Carolina Department of Environment and Natural Resources
C9 Alan W. Klimek, P.E., Director
? Division of Water Quality
O .? Coleen H. Sullins, Deputy Director
Division of Water Quality
February 3, 2004
DWQ# 03-1534
Mecklenburg County
Mr. Jarod Karl
City of Charlotte, Stormwater Services
WETLANDS 1401 GROUP
600 East Fourth St.
Charlotte, NC 28202
Subject: Silver Stream Capital Improvement Project, Charlotte FEB 1 0 2004
APPROVAL of 401 Water Quality Certification with Additional Conditions WATER QUALITY SECTION
Dear Mr. Karl:
You have our approval, in accordance with the attached conditions and those listed below to impact 1231
linear feet of Rea Branch and 90 linear feet to unnamed tributaries of Rea Branch for stream bank
enhancement and stormwater/flood control in Mecklenburg County, as described in your application received
by the Division of Water Quality (DWQ) on December 8, 2003. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3399, which can be
viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use
Nationwide Permits Number 13 and Number 3 when they are issued by the U.S. Army Corps of Engineers
(USACOE). 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.
These Certifications will expire when the associated 404 permits issued by the USACOE expire unless
otherwise specified in the General Certifications. 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.
For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as
the additional conditions listed below:
1. The existing culverts planned for replacement will be replaced by bottomless culverts.
2. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual (the Manuao. The measures shall be
maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned
or leased borrow pits associated with the project.
3. Sediment and erosion control measures should not be placed in wetlands or waters. However, if
placement of sediment and erosion control devices in wetlands and waters is unavoidable, the devices
shall be removed and the natural grade restored within six months of the date the Division of Land
Resources has released the project. /?
No AV*A
?tCaroliun"41na NCDENR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-17R6 (nhnne) 919-733.6993 (tax). (httn• h2o enr state.nens newetlanda)
Page 2
4. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC
Division of Water Quality upon completion of the project. Please send photographs, upstream and
downstream, of each culvert site to document correct installation along with the Certificate of Completion
form.
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 1508 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 Alan Johnson in the Mooresville Regional Office at 704-663-1699
or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit - Cyndi Karoly
Central Files
File Copy
Greg Antemann - Carolina Wetland Services