20130980 Ver 1_Approval Letter_20131003

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
October 3, 2013
DWR# 13 -0980
Mecklenburg County
Mr. Isaac Hinson
Charlotte- Mecklenburg Stormwater
600 East Fourth St.
Charlotte, NC 28202
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
Ponderosa - Markland Storm Drain System
Dear Mr. Hinson:
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated September 9, 2013 and received by the Division of Water
Resources (the Division) on September 12, 2013. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3883, which can be viewed on our web
site at http:/ /Dortal.ncdenr.or4/web /wa /swr)/ws /401. The General Certification allows you to use Nationwide
Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers (COE). 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. 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
Linear ft.
Amount Approved
Permanent Impact
Linear ft.
Stream 1
148
30
Stream 1
119
0
Stream 2
0
12
Stream 3
115
0
Total
382
42
Total Stream Impacts: 424 linear ft.
Wetlands Branch Permitting Unit
1650 Mad Service Center, Ralegh, North Carolina 27699 -1650
Location, 512 N Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 807 -6492
Internet www.ncwateroualitv.oro
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DWR #: 13 -0980
2. 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.
3. Culverts placed in streams /wetlands 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 the location of each culvert. If any of the existing pipes are or become perched,
the appropriate stream grade shall be re- established or, if the pipe is installed in a perched manner, the
pipe shall be removed and re- installed correctly.
4. 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 the Division.
5. 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.
6. No sedimentlerosion control measures, 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
without approval from the Division.
7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401Metlands Unit of the Division.
8. 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 the Division
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, the Division 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, the Division 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 for an administrative hearing to the Office of the Administrative Hearings (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
Office at (919) 431 -3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1) copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following
the faxed transmission. Mailing address for the OAH:

If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
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
DWR #: 13 -0980
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
This letter completes the review by the Division 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 Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality