20120412 Ver 1_Approval Letter_20120501

1
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr Isaac Hinson
City of Charlotte Stormwater Services
600 East Fourth St
Charlotte NC 28202
Division of Water Quality
Charles Waklld P E
Director
Subject Wiseman Stormwater Improvement Project
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Hinson
Dee Freeman
Secretary
May 1 2012
DWQ# 12 0412
Mecklenburg County
You have our approval in accordance with the general certification and those conditions listed below
to impact 1036 linear feet (If) (896 temporary 140 permanent) of unnamed tributary to McAlpine Creek in
order to complete the project in Mecklenburg County as described in your application received by the Division
of Water Quality (DWQ) on April 24 2012 After reviewing your application we have determined that this
project is covered by Water Quality General Certification Number 3883 and 3885 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 Numbers 3 and 13 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 The enhanced velocity dissipaters shall be inspected for one year to ensure the structures integrity is
maintained If they fail to stay secure mitigation may be required for this project The structures should pass
successfully at least one 10 year storm event
3 Culverts placed in streams /wetlands shall be Installed in the dry Immediately upon completion of the
Installation water flow shall be returned to Its natural course Existing stream dimensions (Including the
cross section dimensions pattern and longitudinal profile) must be maintained (or restored via constructed
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NofthCarohna
Phone [phone] \Fax [phone]\ Customer Service 1 877 623 6748 ayr� //�
Internet http / /portal ncdenr org /web/wq (/ ►� 'ia�Us `L
C:- ., r,....,,.w . /Arfi...,.,+ a nr+ rn / Rar riAd /1 n / Pnat ('nnaumer PaOPr

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 installed correctly
4 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
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) 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 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