20071778 Ver 3_Approval Letter_20100901

LV-KXA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Ms. Gwen Cook
Mecklenburg County Parks/Recreation
5841 Brookshire Blvd.
Charlotte, NC 28216
Subject: Toby Creek Greenway V3
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Cook:
Dee Freeman
Secretary
September 1, 2010
DWQ# 07-1778V2
Mecklenburg County
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.024
acre of wetland and 239 linear feet (If) of Toby Creek in order to construct the proposed greenway in
Mecklenburg County, as described in your modification received by the Division of Water Quality (DWQ) on
June 30, 2010. After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3821, 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. All previous additional conditions related to this project remain in effect.
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 -
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NoAhCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 Internet: http://Portal.ncdenr.org/web/wq Naturally
An Eaual ODDortunity/Affirmative Action Emplover - 50% Recycled/10% Post Consumer Paper
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall
occur.
The EEP should be contacted at [phone] 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
Mitigation Required River and Sub-basin
Number
Stream 239 (feet) Yadkin 03040105
13 If of additional impact)
Wetlands acres
Waters acres
4. 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.
5. 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 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
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit