20160172 Ver 1_Approval Letter_20160321

Water Resources
ENVIRONMENTAL OVALITY
March 21. 2016
Ms. Erin Turner
Charlotte/Mecklenburg Storm Water
600 E. Fourth Street
Charlotte, NC 28202
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrelary
S. JAY ZIMMERMAN
Director
DWR# 16-0172
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Riley Avenue Project
Dear Ms. Turner:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated February 8, 2016, and received
by the Division of Water Resources (the Division) on February 22, 2016. Subsequent information
was received on March 14, 2016. After reviewing your application and additional information, we
have determined that this project is covered by Water Quality General Certification Number 3883
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 3 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 total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 150 linear feet, compensatory mitigation may be required. 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
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)j
Stateof Narth Carolina I Envimnmental Quality I Water Resources I Witter Quelit Regional Operaliom
Mooresville Regional Ofce1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704 663 16W

3. Approved Impacts:
Type of Impact
Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream
32 linear ft.
108 linear it.
(30 ft. relocated)
Wetland
0 acre
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. 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
6. Immediately upon completion of the installation of a culvert or removal of a flow restricting
device, water flow shall be returned to its natural course. Existing stream dimensions
(including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) above and below locations of each
culvert. If any of the existing pipes are or become perched, the appropriate stream grade
shall be re-established or, if the pipes installed in a perched manner, the pipes shall be
removed and re -installed correctly. 15A NCAC 02H.0506(b)(2)
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. 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)
9. 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 211.0504. 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. 15A NCAC
02B.0200
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 [phone].

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 [phone], 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 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.
Sincerely,
690��
Fal; W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Crystal Amschler, Army Corps of Engineers, Asheville (email)
Darrin Piene, SM&E, (DPeineasmeinc.com)
Karen Higgins, Wetlands Unit
MRO, Land Quality