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Home My WebLink About20170752 Ver 1_Approval Letter_20170807ROY COOPER ry+ Governor MICHAEL S. REGAN secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director 7 August 2017 DWR# 17-0752 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 Lyon Court Drainage 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 June 27, 2017 and received by the Division of Water Resources (the Division) on June 19, 2017. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4100 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 Regional Permit Number 163 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 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: State of North Cat frT, I Environmental Qualay I Water Resources 512N- SaiNbLn-y Strcet 11611 Mail Ser vice Center l Raleigh, NC27699-1511 919.707,9000 Type of Impact Amount Approved Amount Approved Temporary Impact Permanent Impact Stream 210 linear ft. 3129 linear ft. Wetland 0.82 acre 0.52 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. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6. It is recommended that the baffles proposed in the culverts be extend, by two (2) feet and raised three (3) additional inches to ensure stream baseflow remains concentrated as it flows through the proposed culverts. 7. 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) 8. 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 9. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as specified in the table below. The impacts shall be accepted through the City of Charlotte Mitigation Bank. For accounting purposes, this Certification authorizes payment to meet the following compensatory mitigation requirement: 10. Heavy equipment may be operated within the stream channels however; its usage shall be minimized to the extent practical. 15A NCAC 02H.0506(b)(3) 11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H.0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3) 13. The permittee shall report any violations of this Certification to the Division of Water Resources within 24 hours of discovery. 15A NCAC 02H .0507(c) This Certification 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 State of North Carolina I Envirnnmental Quality I Water Resources 512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh. NC27699-1611 919.7079000 Compensatory Mitigation River and Sub -basin Number Required Stream 307 (feet) Catawba (03050103) 1:1 ratio Wetlands 0 (acres) 10. Heavy equipment may be operated within the stream channels however; its usage shall be minimized to the extent practical. 15A NCAC 02H.0506(b)(3) 11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H.0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3) 13. The permittee shall report any violations of this Certification to the Division of Water Resources within 24 hours of discovery. 15A NCAC 02H .0507(c) This Certification 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 State of North Carolina I Envirnnmental Quality I Water Resources 512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh. NC27699-1611 919.7079000 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. William F. Lane, 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 Attachments cc: Army Corps of Engineers, Charlotte, email David Homans, S&ME, DhomansCccilsmeinc.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality State of North Carolina I Environmental Quality I Water Resources 512 N. Salisbury Street 11611 Mail Service Center I RaleigKNC27699-1611 919.707.9000