HomeMy WebLinkAbout20111111 Ver 1_Approval Letter_20120104F-W
,
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr Jarrod Karl
City of Charlotte Stormwater Services
600 East Fourth St 14th Floor
Charlotte NC 28202
Subject Allenbrook Westridge SW CIP
Division of Water Quality
Charles Wakild P E
Director
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Karl
Dee Freeman
Secretary
January 4 2012
DWQ# 11 1111
Mecklenburg County
You have our approval in accordance with the general certification and those conditions listed below
to impact 4 850 linear feet (If) (264 If permanent) of stream in order to complete the restoration /enhancement
project in Mecklenburg County as described in your application received by the Division of Water Quality
(DWQ) on December 22 2011 After reviewing your application we have determined that this project is
covered by Water Quality General Certification Number 3687 & 3689 which can be viewed on our web site at
http //portal ncdenr org /web /wg /swp /ws /401 The General Certification allows you to use Nationwide Permit
Number 3 & 27 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 Certifications 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 All wetlands streams surface waters and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example orange fabric fencing) prior to any land disturbing activities
3 Stormwater 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
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarolina
Phone (704) 663 1699 \Fax (704) 663 60401 Customer Service 1 877 623 6748 Naturally
http / /portal ncdenr org /web /wq
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 A Post Consumer Paper
4 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
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 project
6 Upon completion of the project the applicant 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 Jarrod Karl) 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 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 in the Mooresville Regional Office at 704 663 1699 or Ms Karen
Higgins in the Central Office in Raleigh 919 807 6360
Sincerely
for Charles Wakdd P E
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
MRO Land Quality