20160843 Ver 1_Approval Letter_20161010

PAT MCCRORY
'
DONALD R. VAN DER VAART
.5
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QVALI1Y
10 October 2016
DWR# 16-0843
Mecklenburg County
Ms. Erin Turner
Charlotte/Mecklenburg Storm Water
600 E. Fourth Street
Charlotte, NC 28202
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Bearmore Drive Project
Dear Ms. Turner:
You have our approval, in accordance with the General Certifications and those
conditions listed below, for the purpose proposed in your application dated July 18, 2016 and
received by the Division of Water Resources (the Division) on August 29, 2016 with a site visit
on August 11, 2016. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Numbers 3883 which can be viewed on our web
site at https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-
branch/401-wetlands-buffer-permits/401-qeneral-certifications. The General Certification allows
you to use Nationwide Permit Numbers 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 Certifications will expire when the associated 404 permits expire
unless otherwise specified in the General Certifications. It is advised that all conditions of the
Certifications are reviewed prior to initiation of the project. In addition to the requirements of the
Certifications, 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)]
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

3. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 270 linear ft. 44 linear ft.
Culvert/Riprap
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. 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)
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)
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
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: 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,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Crystal Amschler, Army Corps of Engineers, Asheville (email)
Karen Higgins, Wetlands Unit (email)
MRO, Land Quality