20120696 Ver 1_Approval Letter_20120730

NCDENR....__
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
T July 30, 2012
DWQ# 12 -0696
Mecklenburg County
Mr. N.S. Jannathan
Trimurti Temple Devasthanam
12634 Preservation Point Dr.
Charlotte, NC 28216 -6732
Subject: Trimurti Temple Devasthanam
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Jannathan:
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 0.002 acre of wetland, 0.26 acre of open water, and 20 linear feet (If) of an unnamed tributary to
McIntyre Creek in order to complete the project in Mecklenburg County, as described in your application
received by the Division of Water Quality (DWQ) on July 17, 2012 and subsequent information on July 27,
2012. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3890. The General Certification corresponds to Nationwide Permit Number 39
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 project, 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 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. Culverts placed in streamstwetlands 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
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.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorlhCarolina
Phone: [phone]Fax: [phone] Customer Service: 1- 877 - 623 -6748 �aturalt
Internet: http: / /portal.nodenr.org/Web/Wq
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3. Use of native vegetation and'other-soft stream bank stabilization techniques must bemed 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. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving
streams will not be impacted due to sediment accumulations, scouring or erosion of the stream banks.
5. A final,'written storm water management plan is required. See condition #12 of the attached
certification. You have the option of using the Express Review Program for expedited approval of these
plans. if you propose to use the Express Review Program, remember to include the appropriate fee.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401Metlands Unit of the NC DWQ.
7. Continuing Compliance. The applicant (Trimurti Temple Devasthanam, Mr. N.S. Jannathan) 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,
r3
for Charles Wakild, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins; Wetlands Unit
Len Rindner