20161165 Ver 1_Approval Letter_20161212

1#
Water Resources
ENVIRONMENTAL QUALITY
December 12, 2016
Ms. Erin Shanaberger
Charlotte/Mecklenburg Storm Water
600 E. Fourth Street
Charlotte, NC 28202
PAT MCCRORY
Gnren or
DONALD R. VAN DER VAART
Secrelarp
S. JAY ZIMMERMAN
DWR# 16-1165
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Karenstone Drive Project
Dear Ms. Shanaberger:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated November
23, 2016, and received by the Division of Water Resources (the Division) on December
2, 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 hftps://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
2. The Mooresville Regional Office shall be notified in writing once construction at
Slate of North Carolina I Environmental Qualnv I Wrter Resources I Water Quality Regional Operations
MooresvilleRegional Offce1610East Center Avenue, Swte301 IMooresville, Nonh Carolina28115
704 663 1699

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.
94 linear ft.
Wetland
0 acre
0 acre
4. 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)
5. 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 [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:
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
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