HomeMy WebLinkAbout20010606 Ver 5_Approval Letter_20170130ROY COOPER
Governor
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MICHAEL S. REGAN
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Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY Director
30 January 2017
DWR# 01-0606V5
Mecklenburg County
Ms. Erin Shanaberger
Charlotte/Mecklenburg Storm Water
600 E. Fourth Street
Charlotte, NC 28202
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Edwards Branch WIP; Ph. III (Winterfield)
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 January 9, 2017 and
received by the Division of Water Resources (the Division) on January 18, 2017. After
reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3885 which can be viewed on our web site at
http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use
Nationwide Permit Number 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 Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, 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 02B.0243(8), 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)]
3. Approved Impacts:
Stale of Not Carolina 16rvironmenlal Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 27699-lbll
919.707.9000
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 0 linear ft. 180 linear ft.
Wetland 0 acre 0 acre
4. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
5. Use of native vegetation and other soft stream bank stabilization techniques is
recommended 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 DWR
This Certification d/or Buffer Rules are) can be contested as provided in Articles 3 and 4
of the General Statute 150B 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 (30 days for buffer/isolated) 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.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
State of North Carolina 1 Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 27699-1611
919.707.9000
Attachments
cc: Army Corps of Engineers, Asheville - email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
State of Not Carolina 16wironmental Quality I Water Resources
512 N. Salisbury Street I tell Mail Service Center I Raleigh. NC 27099 1611
919.707.9000