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