HomeMy WebLinkAbout20130206 Ver 1_401 Application_20130313OW
NCDE�IR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvada, III
Govemor Director Secretary
March 7, 2013
DWQ# 13 -0206
Mecklenburg County
Ms. Norma Miranda
5018 Victoria Avenue
Charlotte, NC 28269
Subject: Culvert Installation, 5018 Victoria Avenue
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Miranda:
You have our approval, in accordance with the general certification and those conditions listed
below, to impact 50 linear feet (If) of unnamed stream in order to create useable space at your
residence in Mecklenburg County, as described in your application received by the Division of Water
Quality (DWQ) on February 27, 2013. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3890, which can be viewed on our
web site at http:// portal.ncdenr.org/webtwq /Swptws /401. The General Certification allows you to use
Nationwide Permit Number 29 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 remaining stream at the site shall be allowed to return to its normal (natural) condition and
allowed to be free flowing.
Mooresville Regional Office
Location. 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: (704) 663- 1699\Fax: (704) 663 -6040\ Customer Service: 1- 877 - 623 -6748
Internet: http: / /portal nodenr.org/web/wq
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
A aAmally e Carolina
2. The area along the stream must be stabilized. The bare soil must be planted with grass and
covered with wheat straw. The steep slopes along the stream must be planted with grass and
covered with natural matting.
3. 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.
4. Continuing Compliance. The applicant (Norma Miranda) 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,
for Charles Wakild, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Mecklenburg County, NC POLARIS
Page 1 of 1
http : / /polaris.mecklenburgcountync. govlservleticom.esri. esrimap. Esrimap?ServiceName= RealEstat... 3/6/2013
Mecklenburg County, NC POLARIS
Page 1 of 1
http : // polaris. mecklenburgcountync .gov /servleticom.esri.esrimap. Esrimap ?ServiceName= RealEstat... 3/6/2013
Mecklenburg County, NC POLARIS
Page 1 of 1
http: / /polaris.mecklenburgco untync. gov /servleticom. esri.esrimap. Esrimap ?ServiceName= RealEstat... 3/6/2013