20131064 Ver 1_Approval Letter_20140116

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A Reeder John E Skvarla, III
Governor Director Secretary
January 16, 2014
DWR# 13 -1064
Mecklenburg County
Mr Tom Russell, P E
City of Charlotte, Engineering /Property Mgt
600 East Fourth Street
Charlotte, NC 28202 -2844
Subject: Approval of 401 Water Quality Certification with Additional Conditions
North Tryon Business Corridor
Dear Mr Russell
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated September 25, 2013, and subsequent information
submitted on January 15, 2014, and received by the Division of Water Resources (the Division) on October 3,
2013, and January 16, 2014, respectively After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3886, which can be viewed on our web site
at http //portal ncdenr orq /web /wq /swp /ws /401 The General Certification allows you to use Nationwide Permit
Number 14 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 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
90 linear ft
160 linear ft
Wetland
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
Wetlands Branch Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthiCarolina
Location 512 N Salisbury St Raleigh, North Carolina 27604 y+ //
Phone 919 - 807 -63001 FAX [phone] ahl[ a[`'y
Internet www ncwaterauality orq
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

DWR# 13 -1064 ,
4 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
5 Mitigation must be provided for the proposed impacts as specified in the table below The Division has
received notification /acceptance from the City of Charlotte Umbrella Stream and Wetland Mitigation Bank
to meet this mitigation requirement Until the City of Charlotte receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall
occur For accounting purposes, this Authorization Certificate authorizes payment to meet the following
compensatory mitigation requirement
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 nprap is necessary, it shall not be placed in the
streambed, unless approved by the Division
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 Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and /or stabilized to reduce sediment loss and turbidity
9 Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted
Inside /outside slopes of any sediment basins shall be stabilized /matted upon construction
10 No sediment/erosion 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
11 Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division Please send photographs of the upstream and
downstream sides of each culvert site to document correct installation, along with the Certificate of
Completion form
12 Continuing Compliance The applicant (The 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
Compensatory Mitigation
River and Sub -basin
Required
Number
Stream
160 (feet)
- Catawba (03050103)
1 1 ratio
Wetlands
0 acres
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 nprap is necessary, it shall not be placed in the
streambed, unless approved by the Division
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 Diversion Ditches and other storm water conveyances as related to the sediment and erosion control
measures shall be matted and /or stabilized to reduce sediment loss and turbidity
9 Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted
Inside /outside slopes of any sediment basins shall be stabilized /matted upon construction
10 No sediment/erosion 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
11 Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division Please send photographs of the upstream and
downstream sides of each culvert site to document correct installation, along with the Certificate of
Completion form
12 Continuing Compliance The applicant (The 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

r
DWR# 13 -1064
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
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
Attachments
cc Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Chris Tinklenberg, Kimley -Horn
Sincerely,
for Thomas A Reeder