20110098 Ver 2_Approval Letter_20111017

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North Carolina Department of ` _. ;nt and Natural Resources
Division c~ ~~ur~ ,ality
Beverly Eaves Perdue ColeEr :~ ;i, ~ Dee Freeman
Governor Du~ec~c, Secretary
October 17, 2011
DWQ# 11-0098V2
Mecklenburg County
Mr. Steven Cartee
Housing Partnership
4601 Charlotte Park Dr., Suite 350
Charlotte, NC 28217
Subject: Double Oaks Stream Enhancement
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cartee:
You have our approval, in accordance with the general certification and those conditions listed
below, to impact 1170 linear feet (If) (145 If of culveri!riprap) of unnamed tributary to Irwin Creek in
order to complete the proposed project in Mecklenburg County, as described in your application
received by the Division of Water Quality (DWO) on October 12, 2011. After reviewing your
application, we have determined ..hat this project is covered by Water Quality General Certification
Number 3689 and 3820, which can be viewed on ot:r web site at
http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use Nationwide
Permit Number 14 and 27 once they are issued to you by tl~e U.S. Army Corps of Engineers. Please
note that you should get any offer 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 apiroval is only valid for the purpose and
design that you described in your application. If you char lge your project, you must notify us in
writing, and you may be required to send us a new application far 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 alt conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Rec7ional Office shall be notifiert in writing once construction at the approved
impact areas has coirtmenced.
Mooresville Regional Office ~)]1C ~ 1
t_ocation: 610 Fast Center Avenue, Suite 301, Mooresville, NC 28115 NOrt1~C~lrOlllla
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-6?_3-6748 ~`~~~~~<r //*,
Internet: http://portal.ncdencorg/web/wq !"~
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1 G"/ Post Consumer Paper

2. Culverts placed in streams/wetlands shall be installed "in the dr,; ' Imrrer~~: ply upon completion
of the installation, water flow shall be returned to its natural cour~,~. Ex~st,n~.; stream dimensions
(including the cross section dimensions, pattern, and longitudinal profile) ;r;.rst be maintained (or
restored via constructed benches) above and below locations o` each culvert. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if
the pipes are installed in a perched manner, the pipes shall be removed and re-installed correctly.
3. 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 DWQ.
4. 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.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All construction
activities associated with this project shall meet, and/or exceed, those requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual and shall be
conducted so that no violations of state water quality standards, statutes, or rules occur.
6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within t~vo months of the date the
Division of Land Resources has released the project.
7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401NVetlands Unit of the NC DWQ
8. Continuing Compliance. The applicant (The Housing Partnershi;~) shall conduct all activities in a
manner so as not to contravene any state water quality standarc; (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 p~iblic 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 ~~vriting, 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.

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P N ..
you do not accept any of the conditions of this certification, you may ask for ;n aCjuci;.~:or;~
;ar ;,~~ You must act within 60 days of the date that you receive this letter. To ask for a nearng,
-~ ~c s written petitic+~ that conforms to Chapter 1506 of the North Carolina General Statutes co the
?rice of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
~ification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have
.;,y questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699
t r Ms. Cyndi Karofy in the Central Office in Raleigh 919-733-9721.
Sincerely,
,.. __ „~ r
,{
for Coleen H. Sullins
attachments
rc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Matt Jenkins