20130091 Ver 1_Approval Letter_20130212

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvada, III
Governor Director Secretary
February 12, 2013
DWQ# 13 -0091
Mecklenburg County
Ms. Leslie Bing
City of Charlotte
600 East Fourth St.
Charlotte, NC 28202
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Johnston - Oehler Road Improvement Project
Dear Ms. Bing:
You have our approval for the impacts listed below for the purpose described in your application dated
January 21, 2013 and received by the Division of Water Quality (Division) on January 30, 2013. These
impacts are covered by Water Quality General Certification Number 3886. This General Certification allows
you to use Nationwide Permit Number 14 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.
This approval is valid for the purpose and design described in your application. If you change your
project, you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General
Certification(s) and is responsible for complying with all conditions.
This approval requires you to follow the conditions listed in the enclosed certification(s) and the
following additional conditions:
1) Approved Impacts:
Wetland Impacts in the Yadkin -Pee Dee River Basin
Wetland
Site
Temporary
Fill
ac
Permanent
Fill
ac
Total
Wetland
Impacts ac
Mitigation
Required
ac
W2
0.13
0.08
0.21
--
W3
0.03
0.11
0.41
--
W4
0.01
0.02
0.03
--
Total
0.44
0.21
0.65
0.0
Mooresville Regional Office
Location- 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]\Fax [phone]\ Customer Service 1- 877 - 623 -6748
Internet http: / /portal.ncdenr.org/webtwq
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2) Wetland WA1 shall be properly protected from failure of the adjacent sediment basin.
Turbidity /sediment discharges shall be minimized to the greatest extent practicable. The Division shall
be notified of any discharge in excess of 3 cubic feet of sediment.
3) During construction, diversion ditches shall be matted to prevent the erosion of the ditch. Additionally,
fill slopes >/= 15 ft in height and within 50 ft of stream/wetlands shall be matted as they are completed.
4) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
5) Native riparian vegetation must be reestablished in the riparian areas within the construction limits of
the project by the end of the growing season following completion of construction.
6) A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, all subsequent modifications, if any, shall be maintained with the Division Engineer and the
on -site project manager.
7) Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
DWQ (and regional office) when all work included in the 401 Certification has been completed
8) The permittee and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ
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, NCDWQ may reevaluate and modify this certification.
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.
Sincerely,
for Charles Wakild, P. E.
Attachments
cc: Army Corps of Engineers, Asheville
Sonia Corrillo, Wetlands Transportation Unit
Charles Benton, URS Corp., 1600 Perimeter Park Dr., Ste. 400, Morrisville, NC 27650
DWQ# 13 -0091