20120350 Ver 1_Approval Letter_20120907

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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
Subject: Nathanael Greene Lane
Division of Water Quality
Charles Wakild, P. E.
Director
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hinson:
Dee Freeman
Secretary
September 7, 2012
DWQ# 12 -0350
Mecklenburg County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 63 linear feet (If) (43 If, 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 9, 2012 and subsequent information submitted on September 7, 2012. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Number
3883, 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 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 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
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 1�TOne
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 lr0 hCuolina
Phone: (704) 663 - 1699 \Fax- (704) 663 -6040\ Customer Service: 1- 877 - 623 -6748 '/ //
Internet http: / /portal.ncdenr.org /web /wq aturally
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

`-3. --5tormwater-c1"ischarg'e- structures at -dTis 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.
4. 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.
5. Continuing Compliance. The applicant (City of Charlotte, Isaac Hinson) 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,
----7" 6 Le--,
for Charles Wakild, P. E.
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality