HomeMy WebLinkAbout20110022 Ver 3_Approval Letter_20161017Water Resources
ENVIRONMENTAL QUALITY
Ms. Erin Turner
Charlotte/Mecklenburg Storm Water
600 E. Fourth Street
Charlotte, NC 28202
PAT MCCRORY
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DONALD R. VAN DER VAART
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S. JAY ZIMMERMAN
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17 October 2016
DWR# 11-0022V3
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Louise Avenue Capital 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 March 3, 2016 and
received by the Division of Water Resources (the Division) on September 28, 2016. After
reviewing your application, we have determined that this project is covered by Water Quality
General Certification Numbers 3883 and 3885 which can be viewed on our web site at
https•//dea 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 and 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 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
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 Noah Carolina I Environmetnal Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Offoe1610 East Center Avenue, Suite 301 I Mooresville, Noah Carolim 28115
]04663 1699
3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
942 linear ft.
156 linear ft.
Wetland
0.0 acre
0.0 acre
4. Stream reshaping, if conducted, should be performed above the ordinary highwater mark.
5. 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)
6. 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)
7. Per the Charlotte Interagency Review Team, mitigation will be purchased through the
City of Charlottes Mitigation bank.
8. 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
1508 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:
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,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Crystal Amschler, Army Corps of Engineers, Asheville (email)
David Homans, SME, (email)
Karen Higgins, Wetlands Unit (email)
MRO, Land Quality