20071364 Ver 1_Approval Letter_20070814

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 14, 2007
DWQ# 07-1364
Mecklenburg County
Mr. Isaac Hinson
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Subject: West Blvd./Fordham Rd. Maintenance Project, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hinson:
You have our approval, in accordance with the attached conditions and those listed below, to impact
371 linear feet (If) (165 If of hard impacts) of unnamed stream to Irwin Creek, as described in your after-the-
fact supplemental application received by the Division of Water Quality (DWQ) on August 8, 2007. This
certification replaces the previous authorization issued for DWQ # 06-0788. After reviewing your application,
we have determined that this project is covered by Water Quality General Certification Numbers 3624 and
3631, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification
allows you to use Nationwide Permit Number 3, 13, & 29 once 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 Certifications will expire when the associated 404 permis expire 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.
1. 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, D'JVCi shaii notify theapplicant 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.
Nose Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
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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 1506 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 the Division of Water Quality 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. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
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for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Land Quality, MRO
Greg Antemann
Central Files