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Home My WebLink About20090463 Ver 1_Approval Letter_20110121 (2)NCDER North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary Mr. Dennis Gwaltney Charlotte-Mecklenburg Utilities 5100 Brookshire Blvd. Charlotte, NC 28216 Subject: McKee Creek Interceptor APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Gwaltney: January 21, 2011 DWQ# 09-0463V3 Cabarrus County You have our approval, in accordance with the general certification and those conditions listed below, to impact 0.416 acre of wetland and 50 linear feet (If) of stream in order to construct the project in Cabarrus County, as described in your application received by the Division of Water Quality (DWQ) on January 14, 2011. 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. 2. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained. 3. The forested wetland areas outside of the permanent maintained easement shall be planted with woody vegetation (native specie trees). 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. Mooresville Regional Office One Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Nc)rthCarohna Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 ?atlrr?zlly Internet: www.ncwaterguality.orq n-. r.. -l n....... -;?-IALf -C..o A, 6,- r7-Inticr - rnol n% Post (,nnBnmer Paoer 4. The stream shall be returned to its original dimension and the use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ. 5. 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. 6. 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. 7. Continuing Compliance. The applicant (Charlotte-Mecklenburg Utilities) 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, e° ?R$ t om ,. a uz - for Coleen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit MRO, Land Quality Crystal Fox, S&ME Charlotte Office