20130398 Ver 1_Approval Letter_20130611

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NCDFTdR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Acting Director Secretary
June 11, 2013
DWQ# 13 -0398
Mecklenburg County
Ms. Leslie Bing
600 East Fourth St.
Charlotte, NC 28202
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Oakdale Road Widening
Dear Ms. Bing:
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated April 2, 2013, and subsequent information submitted on
June 4, 2013, and received by the Division of Water Quality (the Division) on April 15, 2013, and June 10,
2013, respectively. After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3883 and 3885, 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
Numbers 3 and 27once they are 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 and conditions below:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
47 linear ft
129 linear ft.
Wetland
0
0
3. 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.
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.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone. [phone]Tax. (704) 663 -6040\ Customer Service: 1- 877 - 623 -6748
Internet. http: / /portal ncdenr.org/web/wq
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5. Culverts placed in streamstwetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via
constructed benches) above and below locations of each culvert. If any of the existing pipes are or
become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a
perched manner, the pipes shall be removed and re- installed correctly.
6. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
streambed, unless approved by DWQ.
7. Stormwater 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.
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 DWQ. Please send photographs of the upstream and
downstream sides of each culvert site to document confect installation, along with the Certificate of
Completion form.
9. Continuing Compliance. The applicant (City of Charlotte) 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.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a
written petition to the Office of Administrative Hearing (hereby known as OAH). A petition form may be
obtained from the OAH at: http: / /www.ncoah.com/ or by calling the OAH Clerk's at 919 -431 -3000. Within
sixty (60) calendar days of receipt of this notice, a petition must be filed with the office of OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received during
OAH's normal office hours (Monday through Friday between the hours of 8:00am and 5:00pm, except for
official state holidays).
The petition may be faxed to (919 -431 -3100) provided the original and one copy of the document is received
by the OAH within five (5) business days following the faxed transmission. The mailing address for the OAH is:
If sending via US Postal Service- If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285

One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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,
r
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Gregg Antemann, CWS
DWQ# 13 -0398