HomeMy WebLinkAbout20080715 Ver 1_Approval Letter_20080626wArFRQG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 26, 2008
DWQ# 08-0715
Mecklenburg County
Cabarrus County
Mr. Dennis Gwaltney
Charlotte/Mecklenburg Utilities
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject: Reedy Creek Interceptor, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Gwaltney:
You have our approval, in accordance the general certification and those conditions listed
below, to impact/fill 1.6 and 0.075 acre of wetland (temporary and permanent, respectively) and
impact 2224 linear feet (If) of stream (283 If, permanent; (183 If, Cabarrus County; 100 If,
Mecklenburg County)) in order to construct the sewer line in Mecklenburg and Cabarrus Counties, as
described in your application received by the Division of Water Quality (DWQ) on April 21, 2008 and
subsequent information received on June 25, 2008. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3699, which
can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. The General Certification
allows you to use Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of
Engineers. 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. 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 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.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
Ne Caroli
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: ncwaterqulaity.org FAX (704) 663-6040 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
2. It appears that construction of the new sewer line may result in additional development within
several parcels. The cumulative impacts for this project must be adequately addressed. To
address this concern prior to allowing access to the system an on-site storm water management
measures (such as level spreaders, bioretention or constructed wetlands) shall be required in
accordance with DWQ rules and regulations for those parcels when they are developed.
However, the Division is open to other approaches that would protect downstream water quality
from cumulative impacts.
3. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion
of the installation, 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.
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where
impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities.
5. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not
be placed in the streambed, unless approved by the DWQ.
6. Storm water 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.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
8. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date
the Division of Land Resources has released the project.
9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality.
10. Continuing Compliance. The applicant (Charlotte/Mecklenburg Utilities) shall conduct all activities
in a manner so as not to contravene any state water quality standard (including any requirements
for compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of state and federal law. If DWQ determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that state or federal
law is being violated, or that further conditions are necessary to assure compliance, DWQ may
reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying
the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference
in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that conforms to Chapter 1506 of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality 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. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Central Files
File Copy
Suzanne Knudsen, S&ME
Notice Of Initiation of Construction
To be completed by DWQ
DWQ Project No. C?
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Project Applicant: 1t' v Name:
'-r
County: /l c c 6c(
2-
Date of Issuance of 401 Water Quality Certification:
Upon initiation of impacts approved by the issuance of this 401 Water Quality Certification/Buffer
Authorization, the applicant is required to return this notice (condition #1 per approval) to:
DWQ-SWP Section, Mooresville Regional Office
310 East Center Avenue, Suite 301
Mooresville, NC 28115
Or
Fax to the attention of Alan Johnson at: 704-663-6040
Applicant/Authorized Agent's Certification
1, , hereby state that, to the best of my abilities, due care and
diligence the approved impacts have begun to be constructed. The proposed impacts are to be
installed/constructed/completed within substantial compliance and intent of the 401 Water Quality
Certification/Buffer Rule Authorization, the approved plans and specifications, and other supporting
materials.
Date of initiation of Construction:
Signature:
Date:
Title:
Certificate of Completion
DWQ Project No.
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWQ 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
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
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:
Agent's Certification
Date:
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
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:
If this project was designed by a Certified Professional
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) 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 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: