20140342 Ver 1_Approval Letter_20140505

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A LV-WA
NR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Isaac Hinson
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
John E. Skvarla, III
Secretary
May 5, 2014
DWR# 14 -0342
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification and Goose Creek Buffer Authorization
with Additional Conditions, East Providence Stream Repair.
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 March 27, 2014, and received by
the Division of Water Resources (the Division) on April 2, 2014. These impacts are covered by the
attached Water Quality General Certification Number 3885 and the Goose Creek Buffer Rule. 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
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Wetlands
0
0.0001 Acre
Stream
1,033 linear ft.
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.
1650 Mail Service Center, Raleigh; North Carolina 27699 -1650
Phone: [phone] Internet: www,ncdenr.gov
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4. Stormwater discharge structures at this site shall he rponsttucted 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.
5. No 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. All
construction activities associated with this project shall meet, and /or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
6. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored within two
months of the date the Division of Land Resources has released the project.
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) 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 - 31-00, 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

1'
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.
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Sincerely,
s
for Thomas A. Reeder