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HomeMy WebLinkAbout20141273 Ver 1_Approval Letter_20141217I�CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Linda Hendrick 3237 Seven Eagles Charlotte, INC 28210 -5946 DEC 2 2 2014 John E. Skvada, III Secretary December 17, 2014 DWR# 14 -1273 'lecklenburg County Subject: APPROVAL of 401 Water Quality Certification (After- the -Fact) with Additional Conditions Stream Bank Stabilization Protect Dear Ms. Hendrick You have our approval, in accordance with the general certification and those conditions listed below, for the purpose proposed in your application dated December 7, 2014, and received by the Division of Water Resources (the Division) on December 9, 1214. 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 hftp://portal.ncdenr.org/web/wq/swD/ws/401. The General Certification allows you to use Nationwide Permit Number 13 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 stabilization 0 linear ft. 255 linear ft. Wetland 0 acre 0 acre 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 Mall Service Center, Raleigh, North Carolina 27699 -1650 Phone 919-807-630M Internet wwwriodenrgov, An Equal Opportunity 1 Affirmative Action Employer—Made In par by recycled paper 4 Use of native vegetation and other soft stream bank stabilization techniques is preferred. 5. Stormwater discharge structures at this site shall be constructed 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. 6. Continuing Compliance The applicant (Ms Linda Hendrick) 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 sennce (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 4 forThomasA Reeder Attachments cc. Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit Gene Cocchi, Hendrick Automotive Group, 6000 Monroe Rd., Charlotte, 28212 MRO, Land Quality