HomeMy WebLinkAbout20060202 Ver 4_Approval Letter_20150515NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Nicole Bartlett, PE
Charlotte Water
5100 Brookshire Blvd.
Charlotte, NC 28216
Donald van der Vaart
Secretary
May 15, 2015
DWR# 06- 0202V4
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Briar Creek Relief Sewer, Ph. III
Dear Ms. Bartlett:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated February 4, 2015, and received by
the Division of Water Resources (the Division) on March 9, 2015. After reviewing your application,
and the receipt of subsequent information received on April 17, 2015, we have determined that this
project is covered by Water Quality General Certification Number 3884, 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 Number 12 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. It is advised that all conditions of the Certification
be reviewed prior to initiation of the project. In addition to the requirements of the Certification, you
must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your application
and subsequent information provided. 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. 15A NCAC 02H .0506
and 15A NCAC 02H .0507(c)
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
3. The proposed 8 X 6 ft. culvert located at Cove Creek Drive should be installed with six
baffles (includes those at the inlet and outlet), which are spaced approximately fourteen
(14) feet apart to provide a two (2) foot wide base flow channel through the culvert.
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: 704 -663 -16991 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
DWR# 06- 0202V4
4. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream relocation
1150 linear ft.
14 linear ft.
Wetland
0 acre
0 acre
5. 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. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Bare /fill slopes in excess of 10 -feet in height and within 30 -feet of surface waters shall be
matted. 15A NCAC 02H.0506 (b)(3) and (c)(3)
7. Use of native vegetation and other soft stream bank stabilization techniques is recommended
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 DWR
8. Heavy equipment may be operated within the stream channels however; its usage shall be
minimized to the extent practical. 15A NCAC 02H.0506(b)(3)
9. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)
11. Heavy equipment shall be operated from the banks rather than in the stream channel in order
to minimize sedimentation and reduce the introduction of other pollutants into the stream.
15A NCAC 02H.0506(b)(3)
12. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. 15A NCAC 02H.0506(b)(3)
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. 15A NCAC 02H.0506(b)(3)
14. The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery.. 15A NCAC 02H .0507(c)
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
httg: / /www.ncoah.com /or by calling the OAH Clerk's Office at (919) 431 -3000.
Within sixty (60) calendar days (30 days for buffer /isolated) 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).
DWR# 06- 0202V4
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. Sam M. Hayes, 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,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Jon Lapsley, CDM Smith, lagsleyiu(a)_cdmsmith.com
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWR# 06- 0202V4
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:
Agent's Certification
Date:
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 Permiee 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.