HomeMy WebLinkAbout20120730 Ver 1_Approval Letter_20121019A
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Martin Hovis
Environmental Banc and Exchange
909 Capability Dr, Su 130
Raleigh, NC 27606
Charles Wakild, P. E.
Director
Subject: 601 North II Stream Restoration (NECEEP Project 9592)
Dee Freeman
Secretary
October 19, 2012
DWQ# 12 -0730
Union County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hovis:
You have our approval, in accordance with the general certification and those
conditions listed below, to impact 3,152 linear feet (If ) and .05 acres of wetlands in
order to complete the restoration in Union County, as described in your application
received by the Division of Water Quality (DWQ) on October 10, 2012. After
reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3885, which can be viewed on our web site at
http:// h2o.enr.state.nc.us /ncwetlands. The General Certification allows you to use
Nationwide Permit Number 27 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 ncwaterguaiity orq
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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. To the extent practicable, effort shall be made to maintain the existing tree canopy
adjacent to the stream channel to maintain the existing thermal conditions of the
impacted stream. A more site - specific approach in and along the project area may be
required during the restoration effort.
3. Storm water discharge structures at this site, to the extent practicable, shall be
modified /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.
4. 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.
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 Division of Water
Quality.
7. Continuing Compliance. The applicant (Charlotte- Mecklenburg Stormwater Services)
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 the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Mr. Michael Burkhard
in the Mooresville Regional Office at 704 - 663 -1699 or Ms. Cyndi Karoly in the Central
Office in Raleigh 919 - 733 -9721.
Sincerely,
GG�
for Charles Wakild
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality