20080715 Ver 2_Approval Letter_20110307

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Dennis Gwaltney
Charlotte/Mecklenburg Utilities
5100 Brookshire Blvd.
Charlotte, NC 28216
Coleen H. Sullins
Director
Subject: Reedy Creek Interceptor, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Gwaltney:
Dee Freeman
Secretary
March 7, 2011
DWQ# 08-0715V2
Mecklenburg County
Cabarrus County
You have our approval, in accordance the general certification and those conditions listed below, to
impact an additional 0.01 acre of wetland and an additional 678 linear feet of stream bank in order to complete
the proposed project in Mecklenburg and Cabarrus Counties, as described in your after the fact application
received by the Division of Water Quality (DWQ) on December 17, 2010. The initial project was approved on
June 26, 2008. All conditions and requirements associated with that initial approval still applies. 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/ncwetiands. 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.
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
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarofina
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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
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 Mr. Ian McMillan in the Central Office in Raleigh.
Sincerely,
e
for Coleen H. Sullins
cc- Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Crystal Fox, S&ME