20051497 Ver 3_Approval Letter_20140227

North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
Mr Jarrod Karl
Charlotte Stormwater Services
600 East Fourth St
Charlotte, NC 28202
Subject: Approval of 401 Water Quality Certification with Additional Conditions,
McAlpine Creek Restoration, Repairs, Charlotte
Dear Mr Karl
John E. Skvarla, III
Secretary
February 27, 2014
DWR# 05- 1497V3
Mecklenburg County
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You have our approval, in accordance with the general certification and those conditions listed below, for the
purpose proposed in your application dated February 17, 2014, and received by the Division of Water Resources (the
Division) on February 20, 2014 After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Number 3885, 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 27
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
(Restoration)
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
622 linear ft
500 linear ft
Wetland
0 acre
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 Work shall be conducted in the dry
The permittee shall ensure that trees within the buffer areas will be protected as much as feasible during the
construction of this project and replaced as required
Wetlands Branch Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location 512 N Salisbury St. Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX [phone]
Internet www ncwaterauality om
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
NorthCarohna
Nati ally

DWR# 05- 1497V3
6 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
7 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
8 Continuing Compliance The applicant (City of Charlotte, Stormwater Services) 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 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 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,
r ,
for Thomas A Reeder
Attachments
cc Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit