HomeMy WebLinkAbout20140670 Ver 3_Approval Letter_20160808 PAT MCCRORY'
DONALD R. VAN DER VAART
Water-Resources S. JAY ZIMMERMAN
ENVIRONMEN1 AL QUALITY
I kreAur
8 August 2016
DWR# 14-0670V3
Mecklenburg County
Mr. Edward Hajnos
Charlotte/Mecklenburg Storm Water
600 E. Fourth Street
Charlotte, NC 28202
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Reedy Creek Stream Restoration Project
Dear Mr. Hajnos:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated July 30, 2016 and received by the Division of
Water Resources (the Division) on August 4, 2016. 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 https://deq.nc.gov/about/divisions/water-resources/water-resources-
permits/wastewater-branch/401-wetla nds-buffer-permits/401-general-certifications. The General
Certification allows you to use Nationwide Permit Number 27 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:
1. 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) •
3. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 100 linear ft. 24,720 linear ft.
Wetland 0.26 acre 0.06 acre
4. 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)
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office"610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115
704 663 1699
5. 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)
6. A turbidity curtain may be required and should be installed in the stream if activities occur which
may significant on going turbidity issues. 15A NCAC 02H .0506(b)(3)
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: 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
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,ncer�ely4,11149
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
•
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins,Wetlands Unit
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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
l ,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:
Agent'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: 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