20061328 Ver 3_Approval Letter_20080228

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 28, 2008
DWQ# 06-1328V3
Mecklenburg County
Mr. Isaac Hinson
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Subject: Jefferson Capital Improvement Project, Phase III
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hinson:
You have our approval, in accordance with the attached conditions and those listed below, to impact
1260 linear feet (If) of (998 If, temporary; 252 permanent (108 perennial) unnamed stream to McAlpine Creek
in order to construct the complete the project in Mecklenburg County, as described in your application received
by the Division of Water Quality (DWQ) on January 24, 2008. After reviewing your application, we have
determined that Water Quality General Certification Numbers 3687, 3699, 3689, 3704, and 3705, covers this
project and can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certifications
allow you to use Nationwide Permit Numbers 3, 12, 13, 14, and 29 once they are issued to you by the U.S.
Army Corps of Engineers. 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. 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.
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. 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.
3
Prior to the impacts, mitigation shall be provided for the proposed impacts as specified in the table below.
You may wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to
be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check
(made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone]
Noce hCarolina
Naturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
if you have any questions concerning payment into a restoration fund. You have 60 days from the date of
this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Stream Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 108 (feet) Catawba (03050103)
Wetlands acres
Waters (acres)
4. Storm water 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.
5. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
6. 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 DWQ 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,
DWQ 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, DWQ 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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings;' 671.4
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality 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. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Central Files
Greg Antemann, CWS