20210038 Ver 1_Approval Letter_20210302

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
NORTH CAROLINA
Environmental Quality
March 2, 2021
DWR# 21-0038
Mecklenburg County
Ms. Irene Okioga
Charlotte Water
5100 Brookshire Blvd.
Charlotte, NC 28216
Delivered via email to Irene. [e-mail]
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
McMullen Creek Tributary at Quail Hollow Sanitary Sewer Project
Dear Ms. Okioga:
You have our approval for the impacts listed below for the purpose described in your application January 5,
2021, submitted to the Division of Water Resources (Division) February 18, 2021, and payment received on
February 22, 2021. The Division has determined that the proposed project and impact will comply with water
quality requirements covered by the attached Water Quality General Certification Number 4133, 4134 and the
conditions listed below, provided that you adhere to the certification located at
https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-
branch/general and the conditions listed below.
This certification is associated with the use of General Permit Number 12 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 following proposed impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
Ditches
130 linear ft.
1,346 linear ft.
469 linear ft.
Wetland
0 acres
0.03 acres
Open Waters
0.08 acres
0 acres
This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of this Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)]
D E Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources
wJ�}/� Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
N11H fH (:A�i(1!.INA �
0­O'tore'wml talQ"I 704,663.1699

If you are unable to comply with any of the conditions of the attached Water Quality General Certification or
with the additional conditions itemized below, you must notify the Mooresville Regional Office within 24 hours
Additional conditions:
Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes
interior/exterior slopes of sediment basins. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
2. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. [15A
NCAC 02H .0506 (b)(1) andl5A NCAC 02H .502 (c)]
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with state
water quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards or would result in secondary or cumulative
impacts.
3. The construction of the new sewer line in/through undeveloped area may result/encourage
development along the construction corridor. Development of these parcels may impact additional
waters and cause violations of downstream water quality standards. The secondary/cumulative
impacts associated with this project must be adequately addressed by the applicant for any
development/project defined in 15A NCAC 02H.1003) associated with this sewer system. Any storm
water facilities, at minimum, must be designed to meet state guidelines or document that the project will
not impact water quality. [15A NCAC 02H .0506(b)(1)]
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be employed to
protect against direct or indirect discharge of waste or other sources of water pollution. In determining
that the proposed activity will comply with state water quality standards (including designated uses,
numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of
standards or would result in secondary or cumulative impacts.
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. [15A NCAC 02B .0203]
Justification: In order to protect against impairment of water quality standards and best usage of receiving
and downstream waters, water quality based management practices must be employed to protect against
direct or indirect discharge of waste or other sources of water pollution.
5. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation
requirement. Until the DMS receives and clears your payment, and proof of payment has been provided
to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes,
this Authorization Certificate authorizes payment to the DMS to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506(c)]:

Compensatory Mitigation
River and Sub -basin
Required
Number
Stream
1,346 (feet)
Catawba (03050103)
1:1 ratio
Wetlands
0 (acres)
-
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with state
water quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the project must provide for replacement of existing uses through compensatory
mitigation.
6. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this Certification. [15A NCAC 02H.0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional
information regarding requirements for filing a Petition and Petition forms may be accessed at
i iuP.uvvvvvv.i iwai or by calling the OAH Clerk's Office at [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division 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.
Sincerely,
DocuSigned by:
A444tW H P44ft for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Charlotte, email
Megan Bollero, Carolina Wetland Services, Inc., megan(O-)_cws-i nc. net
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be
returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No. Date