20031489 Ver 1_Approval Letter_20040219

\A AT T William aael r. sseam G. Ross Jr., 1rSecretary
G North Carolina Department of Environment and Natural Resources
y Alan W. Klimek, P.E., Director
r Division of Water Quality
-i Coleen H. Sullins, Deputy Director
O Division of Water Quality
February 19, 2004
DWQ# 03-1489
Mecklenburg County
Mr. Ken Staley
McWhirter Grading
P.O. Box 23510
Charlotte, NC 28227
WETLANDS ! 401 GROUP
Subject: Bartlett Road Stream Impact
APPROVAL of 401 Water Quality Certification with Additional Conditions FEB 2 4 2004
WATER U;.;,I .- y SECTION
Dear Mr. Staley:
You have our approval, in accordance with the attached conditions and those listed below, to impact 232
linear feet of unnamed intermittent stream for the construction of Interstate 485 at Bartlett Road in Mecklenburg
County, as described in your "after-the-fact" application received by the Division of Water Quality (DWQ) on
November 25, 2003. After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Nationwide Permit Number 39
when it is 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.
This Certification will.expire when the associated 404 permit issued by the USACOE 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.
If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached Certification, as well as the additional conditions listed below:
The 148 linear feet of stream that was disturbed during the construction will be returned to it natural state.
The riparian area adjacent to the stream must be restored. Before any work is conducted the restoration plan
must be submitted (within 60 days of receipt of this certification) and approved by this office.
2. Deed notifications or similar mechanisms shall be placed on the remaining jurisdictional wetlands and waters
or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place
within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands;
N e hCarolina
Noaturally N?DENR
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)
[phone] (phone), 919-733-6893 (fax), (hit r) i'h2o enr.state.nc.us/ncwetIands)
Customer Service #: 1-877-623-6748
Page 2
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such BMP:
a. The design, installation, operation, and maintenance of the erosion and sediment control measures (the
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.
b. 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 project.
c. The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. 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.
5. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit. 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 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 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,
v
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit - Cyndi Karoly
Len Rindner
Central Files
File Copy