HomeMy WebLinkAbout20130356 Ver 1_Approval Letter_20130426Al A
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory
Govemor
Mr. Barry Shearin
CMUD
5100 Brookshire Blvd.
Charlotte, NC 28216
Charles Wakild, P. E.
Director
Subject: Taggart Creek Outfall Sewer Crossing
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shearin:
John E. Skvada, III
Secretary
April 26, 2013
DWQ# 13 -0356
Mecklenburg County
You have our approval, in accordance with the general certification and those conditions listed below
for the purpose proposed in your application dated April 1, 2013 and received by the Division of Water Quality
(the Division) on April 3, 2013. After reviewing your application, we have determined that this project is covered
by Water Quality General Certification Number 3884, which can be viewed on our web site at
http:/ /portal.ncdenr.oratwebtwa /swD/ws /401. The General Certification allows you to use Nationwide Permit
Number 12 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. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
30 linear ft.
Wetland
0
2. The plan indicates that natural, soft stream stabilization methods shall be utilized upon completion of the
project.
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.orgtwebAvq
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3. 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.
4. Stormwater structures associated with this project shall be constructed so that the discharge from outlets
will provide for sheet flow prior to entering the stream channel. Discharge of stormwater shall be such that
the receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the stream
banks.
5. 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.
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 DWQ.
7. Continuing Compliance. The applicant (Mr. Barry Shearin, 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 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.
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
MRO, Land Quality
Andrew Vane, Hazen And Sawyer, P.C., 4944 Parkway Plaza Blvd., Ste. 375, Charlotte 28217