20110951 Ver 1_Approval Letter_20111107

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
November 7 2011
DWQ# 11 0951
Mecklenburg County
Mr Isaac Hmson
City of Charlotte Stormwater Services
600 East Fourth St
Cha�lotte NC 28202
Sub�ect Milhaven Lane Sidewalk Pro�ect
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Hinson
You have our approval m accordance with the general certification and those conditions listed below
to impact 564 linear feet (Ifl (447 If temporary) of unnamed stream in order to complete the sidewalk pro�ect in
Mecklenburg County as described in your application received by the Division of Water Quality (DWQ) on
October 25 2011 After reviewing your application we have determined that this pro�ect is covered by Water
Quality General Certification Number 3687 which can be viewed on our web site at
http//portal ncdenr orq/web/wq/swp/ws/401 The General Certification allows you to use Nationwide Permit
Number 3 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 pro�ect 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 m the General Certification Th�s app�oval is only valid for the purpose and design that you described
in your application If you change your pro�ect 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
fn 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 Culverts placed in streams/wetlands shall be mstalled in the dry Immediately upon completion of the
installation water flow shall be returned to its naturai course Existing stream dimensions (including the
cross section dimensions pattern and longitudinai profile) must be mamtained (or restored via constructed
benches) above and below locations of each culvert If any of the existing pipes are or become perched
the appropriate stream grade shall be re established or if the pipes installed in a perched manner the
pipes shall be removed and re mstalled correctiy
Mooresvdle Regional Office �lle
Location 610 East Center Avenue Suite 301 Mooresvdle NC 28115 NorthCarolina
Phone [phone]\Fax [phone]\Customer Service 1 877 623 6748 "�����y��//�
Internet http//portal ncdenr org/web/wq �/ �� < «
An Equal Opportunity/Affirmative Action Employer—50/ Recycled/10/ Post Consumer Paper

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 scourmg or erosion
of the stream banks
5 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 two months of the date the Division of Land
Resources has released the pro�ect
6 Upon completion of the pro�ect the appiicant shall complete and return the enclosed Certificate of
Completion form to the 401/Wetlands Unit of the NC DWQ
7 Continuing Compliance The applicant (City of Charlotte) shall conduct all activities m a manner so as not to
contravene any state water quality standard (including any requirements for compiiance 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 appropnate 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 pubiic 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 writmg 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 pro�ect
If you do not accept any of the conditions of this certification you may ask for an ad�udicatory hearing
You must act within 60 days of the date that you receive this letter To ask for a hearmg send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings 6714 Mad 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 DWQ under Section 401 of the Clean Water Act If you have any
questions please telephone Mr Alan Johnson m the Mooresville Regional Office at 704 663 1699 or Ms Karen
Higgms in the Central Office in Raleigh 919 807 6360
Sincerely
,.--.-�
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for Coleen H Suilins
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
MRO Land Quality