HomeMy WebLinkAbout20160929 Ver 1_Approval Letter_20161012Wafer Resources
ENVIRONMEN 1 AL QUALITY
Ms. Erin Turner
Charlotte/Mecklenburg Storm Water
600 E. Fourth Street
Charlotte, NC 28202
PAT MCCRORY
n„, I lel I
DONALD R. VAN DER VAART
Nears yr
S. JAY ZIMMERMAN
I)n'n ur
12 October 2016
DWR# 16-0929
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Seneca Place/Wedgewood Dr. 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 September 29,
2016 with a site visit on September 1, 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://deg.nc.gov/about/divisions/water-
resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
permits/401-general-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:
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
Stare of Noah Carolina I Environmental QUIT IIty I Water Resources l Water Quality Regional Operations
Mooresville Regional ORSeel 610 East Center Avenue, Suite 301 I Mooresville, Noah Caroline 28115
704 663 1699
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
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
66 linear ft.
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 (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,
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