20090463 Ver 1_Approval Letter_20110209

Dennison, Laurie
From: Johnson, Alan
Sent: Wednesday, February 09, 2011 9:29 AM
To: Dennison, Laurie
Subject: RE: DWQ 09-0463 V3 McKee Creek Interceptor (Cabarrus)
~I~l~is ~~,~.,, << t~ialiy ~~ rnndificr,tion, when they sent in the mod, they sent in for the additional impacts only, rather than the
lacldi(i~~,n,3i in~p~~cts, pl~,s the impacts that were already approved. I didn't have on my thinking cap. I sent out a new
letter sh~,wing the correct overall impacts, instead ofjust the additional impacts.
I hope that makes sense?!?!?!? LOL
AJ
From: Dennison, Laurie
Sent: Wednesday, February 09, 2011 9:02 AM
To: Johnson, Alan
Subject: DWQ 09-0463 V3 McKee Creek Interceptor (Cabarrus)
Alan,
Your 401 approval letter says 3.376 ac of wetland & 260 If of stream approved.
The PCN/BIMS shows 0.416 ac of wetland & 50 If of stream for impacts.
How come for why the difference?
Laurie
Laurie Dennison
Administrative Assistant
Wetlands, Buffers, and Stormwater, Compliance and Permitting Unit (WEBSCAPEJ
NCDENR/Division of Water Quality -Wetlands and Stormwater Branch
New Mailing address: 1650 Mail Service Center Raleigh NC 27699-1650
Nets Physical location: 512 N Salisbury St 9th FL Archdale Bldg Raleigh NC 27603
iVew Main line: (919J 807-6301
New Fax line: (919J 807-6494
Website: www.ncwaterguality.or~g
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"!'ve lecrrrted that people will forget what you said, people will forget what you did, but people will never forget how you
made them feel. ° poet Maya Angelou

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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. Dennis Gwaltney
Charlotte-Mecklenburg Utilities
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject: McKee Creek Interceptor
APPROVAL of 401 Water Quality Certification with Additional Conditions ("corrected copy")
Dear Mr. Gwaltney:
February 4, 2011
DWQ# 09-0463V3
Cabarrus County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 3.376 acre of wetland (0.5 permanent) and 260 linear feet (If) (20 If permanent) 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.
All other conditions and requirements of the previous approvals issued for this project remain. Be
reminded, that 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 1506 of the North Carolina General Statutes to the Office of Administrative
Mooresville Regional Office one L., 1
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NO1rt11CaI'01111a
Phone: (704i 663-1699\Fax: [phone] Customer Service: 1-877-623-6748 ~aturall~
Internet: www.ncwaterguality orq
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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
MRO, Land Quality
Crystal Fox, S&ME Charlotte Office