20090463 Ver 4_Approval Letter_20110504

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins
Governor Director
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:
Dee Freeman
Secretary
May 4, 2011
DWQ# 09-0463V4
Cabarrus County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 2.87 acre of wetland (0.245 permanent) and 260 linear feet (If) (20 If permanent) of stream in order to
construct the project in Cabarrus County, as described in your modified application received by the Division of
Water Quality (DWQ) on April 11, 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. Future
changes may required a new application and fee. 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 150B of the North Carolina General Statutes to the Office of Administrative
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?aturallr?
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,
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for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Crystal Fox, S&ME Charlotte Office