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North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Arnold Jarrell
Charlotte - Mecklenburg Utilities
5100 Brookshire Blvd.
Charlotte, NC 28202
Subject: McAlpine Creek Relief
Division of Water Quality
Charles Wakild, P. E.
Director
Dee Freeman
Secretary
September 21, 2012
DWQ# 09 -0943
Mecklenburg County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Jarrell:
You have our approval, in accordance with the general certification and those
conditions listed below, to impact 21.8 acres if wetland (0.563 acres permanent) and
520 linear feet (If) (temporary) of stream to McAlpine, Fourmile, and Irvins Creek in
order to construct the sewer line in Mecklenburg County, as described in your
application received by the Division of Water Quality (DWQ) on July 20, 2012. After
reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 33884, which can be viewed on our web site at
http.H h2o.enr.state.nc.us /ncwetlands. The General Certification allows you to use
Nationwide Permit Number 12 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.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 -807 -63001 FAX 919 -807 -64921 Customer Service 1 -877- 623 -6748
Internet www ncwateraualdy org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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In addition to the requirements of the certification, you must also comply with the
following conditions:
T 1. The Mooresville Regional Office shall be notif d in writing once construction at the -
approved impact areas has commenced.
2. The construction area shall be planted with woody vegetation leaving a 10 ft
maintenance corridor.
3. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained (or restored via constructed benches) above
and below locations. Riprap in the stream shall be embedded to insure aquatic
passage and water flow.
4. 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.
5. Storm water 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.
6. 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.
7. 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.
8. 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 Division of Water
Quality. Please send photographs of the upstream and downstream sides of each
culvert site to document correct installation, along with the Certificate of Completion
form.
9. Continuing Compliance. The applicant (Charlotte - Mecklenburg Utilities) 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 . nIQ �h�ll_notify theannlicant ant the_U.S Army Corps_of Engineers, provide r `
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 the Division of Water Quality 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. Cyndi Karoly in the Central Office
in Raleigh 919 - 733 -9721.
Sincerely,
Ja _ ri
for Chuck Waklid
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Greg Antemann