20070622 Ver 1_Approval Letter_20070427

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N[ichael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Re,ources
Alan W. Klimek, P.E. Director
Division of W'atcr Quality
April 27, 2007
DWQ# 07-0622
Mecklenburg County
Mr. Isaac Hinson
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Subject: 1277/Caldwell St. Drainage, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hinson:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 60 linear feet (If) of unnamed stream to Sugar Creek in order to construct the project in
Mecklenburg County, as described in your application received by the Division of Water Quality
(DWQ) on April 29, 2007. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3627 and 3624, 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 14 and 33 once they are 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 Certifications will expire when the associated 404 permits expire 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. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
3. Upon completion of the project, the applicant shall complete and return the enclosed "Cert~~ecate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality NJ1~aturallya
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 2811 ~ Phone [phone] Customer Service
Internet: ncwaterqulaityorg FAX [phone]
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4. Continuing Compliance. The applicant (City of Charlotte) 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,
~~~~ l ~
forAlan W. Klimek, P.E.
Attachments: Certificate of Completion Form
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Becky Fox, EPA
Central Files
File Copy