The URL can be used to link to this page

Home My WebLink About20141198 Ver 1_Approval Letter_20141125Pat McCrory Governor Mr David Woodie Charlotte Stormwater Services 700 North Tryon Street Charlotte, NC 28202 John E Skvarla, III Secretary November 25, 2014 DWR# 14 -1198 Mecklenburg County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions McDowell Creek Stream Restoration Dear Mr Woodie You have our approval, in accordance with the general certification and those conditions listed below, for the purpose proposed in your application dated October 8, 2014, and received by the Division of Water Resources (the Division) on November 18, 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 Hportal ncdenr org /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 Amount Approved Temporary Impact Amount Approved Permanent Impact Stream Restoration 0 12,750 linear ft. Wetland 1.3 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 1617 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone 919 - 807 -6300\ Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper 4 Trees shall be saved (not removed /cut) to the maximum extent practicable In addition, trees that must be cut, the stumpage should remain to the maximum extent practicable to enhance regrowth 5 Riffles shall be constructed of well blended material (screening material may be useful to fill voids) 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 This includes interior /exterior slopes of sediment basins 6 Proper material (manmade and natural) should be utilized to prevent piping /bypass of constructed sills and grade controls) 7 Bare /fill slopes shall be matted as soon as possible 8 Sediment and erosion control measures, waste, spoil, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas unless approved by DWR 9 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 10 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 John Evans, 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 Chris Tinklenberg, PWS, Kimley -Horn, 2000 S Blvd , Ste 440, Charlotte, 28203 MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR 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 1, , 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- Agent's Certification 1, , 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 Permittee 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.