20060202 Ver 3_Approval Letter_20130308

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Ms Amy Vershel
Charlotte Mecklenburg Utilities
5100 Brookshire By
Charlotte, NC 29216
Subject: CMUD Briar Creek Relief Sewer
Charles Wakild, P E
Director
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms Vershel
Dee Freeman
Secretary
March 8, 2013
DWQ# 06 -0202 V2
Mecklenburg County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 425 linear feet (If) of Briar Creek and its tributaries in order to construct the sewer line In Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on February 11,
2013 After reviewing your application, we have determined that this projects covered by Water Quality
General Certification Number 3819, which can be viewed on our web site at
http / /portal ncdenr org /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
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 - 1699 \Fax [phone]\ 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
NorthCarolina
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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 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
DWQ# 06 -0202 V2

This letter completes the review by DWQ 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
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
DWQ# 06 -0202 V2