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Home My WebLink About20051497 Ver 4_Approval Letter_20141125Pat McCrory Governor Mr Isaac Hinson City of Charlotte, Stormwater Services 600 East Fourth St Charlotte, NC 28202 John E. Skvarla, III Secretary November 25, 2014 DWR# 05- 1497V4 Mecklenburg County Subject: Approval of 401 Water Quality Certification with Additional Conditions, McAlpine Creek SR3 Repairs 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 November 4, 2014, and received by the Division of Water Resources (the Division) on November 5, 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 org/web /wq /swp /ws /401 The General Certification allows you to use Nationwide Permit Numbers 27once 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 Certifications will expire when the associated 404 permits expire unless otherwise specified in the General Certification In addition to the requirements of the certifications, 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 Amount Approved Temporary Impact Permanent Impact Stream 0 linear ft 370 linear ft Repair Wetland 0 0 1617 Mall Service Center, Raleigh, North Carolina 27699 -1650 Phone 919 -807 -63001 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper 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 Grade control structures shall not exceed 8 inches in height 5 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 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 Please send photographs of the upstream and downstream sides of each culvert site to document correct installation, along with the Certificate of Completion form 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 If sending via delivery service (UPS, FedEx, etc) Office of Administrative Hearings 1711 New Hope Church Rd 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, for Thomas A Reeder Attachments cc Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit MRO, Land Quality 01, 7, AMM Q —Q, jQQ Q_"; No Q.— too—, INA 'T:j ly is- nowas a4i IS, - .7i �'ib, vr.-K � � W. I "AIN' CERTIFICATE OF COMPLETION 1`;CDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Agent's Certification Date. I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Engineer's Certification Partial Final Date- 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permtttee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials Signature Date Registration No.