HomeMy WebLinkAbout20150823 Ver 1_Approval Letter_20150922y North Carolina Department of Environmental Quality
Pat McCrory Donald van der Vaart
Governor Secretary
September 22, 2015
DWR# 15 -0823
Mecklenburg County
Mr. Isaac Hinson
Charlotte /Mecklenburg Storm Water
600 E. Fourth Street
Charlotte, NC 28202
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
4018 Hiddenbrook Dr.
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 August 10,
2015, and received by the Division of Water Resources (the Division) on August 13, 2015.
After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3886 which can be viewed on otar web site at
htti):Hportal.ncdenr.ora /web /Wa /swr)/ws /401. The General Certification allows you to use
Nationwide Permit Number 14 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 are 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. 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)]
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: 704 - 663 -1699\ Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper
3. Approved Impacts:
Type of Impact
Stream relocation
Wetland
Amount Approved
Temporary Impact
0 linear ft.
0 acre
DWR# 15 -0823
Amount Approved
Permanent Impact
88 linear ft.
0 acre
4. 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. 15A NCAC 02H
.0506(b)(5)
5. The new culvert shall be backfilled with soil medium and the stream brought back up
to grade.
6. 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)
7. 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)
8. v 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 1506 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 httr)://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: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
DWR# 15 -0823
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
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.
incerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Amanda Jones, Amanda. iones c wetlands-ern com
William Elliot, Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWR# 15 -0823
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
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: Date:
Engineer's Certification
Partial Final
I, , 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 Registration No.
Date