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HomeMy WebLinkAbout20120946 Ver 1_Triage Check List_20121015 (2)!' North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary November 5, 2012 DWQ# 12 -0889 County: Mecklenburg Mr Dennis Gwaltney Charlotte Mecklenburg Utilities 5100 Brookshire By Charlotte, NC 29216 Subject: CMUD Crooked Creek Sewer Project APPROVAL of 401 Water Quality Certification with Additional Conditions NOV 1 4 2012 NIR - WATER .. Dear Mr Gwaltney: s ate 19rarutr You have our approval, in accordance with the general certification and those conditions listed below, to impact an additional one hundred and twelve (112) linear feet (If) of an unnamed tributary of Crooked creek in order to construct the CMUD Crooked Creek Sewer Project as described In your application received by the Division of Water Quality (DWQ) on September 25, 2012. After reviewing your application, we have determined that this additional Impact is still covered by Water Quality General Certification Number 3884, which can be viewed on our web site at http: / /portal.ncdenr orq /web /wq /swp /ws /401. The General Certification allows you to use Nationwide Permit Number 12 once it is re- 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. 0 - 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. 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. Mooresville Regional Office Location 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone (704) 663- 16991Fax (704) 663 -60401 Customer Service 1- 877 - 623 -6748 Internet http //portal ncdenr org /web /wq An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper A aturally one Carolina a 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, 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 Corp: 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 1508 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. r� - ­This Wter- Jompttes the review- by-DWQ under Section 401- ot- 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. Karen Higgins in the Central Office in Raleigh 919 - 807 -6360. Sincerely, for Charles Wakild Attachments cc- Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit MRO, Energy, Mineral, and Land Resources Carolina Wetland Services DWQ 2012 -0889