HomeMy WebLinkAbout20081698 Ver 1_Approval Letter_20081124O?O? W A T ?9PG
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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
November 24, 2008
DWQ# 08-1698
Mecklenburg County
Mr. Isaac Hinson
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Subject: Burtonwood Cir., Capital Improvement, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hinson:
You have our approval, in accordance with the attached conditions and those listed
below, to impact 240 linear feet (If) of intermittent stream to McAlpine Creek in order to complete
the project in Mecklenburg County, as described in your application received by the Division of
Water Quality (DWQ) on November 13, 2008. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3705,
which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General
Certification allows you to use Nationwide Permit Number 29 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.
2. 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.
3. 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.
Mailing Address Phone (704) 663-1699 Location one
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 NO aturally
Mooresville, NC 28115 Mooresville, North Carolina
Internet: www.newaterguality.org Customer Service 1-877-623-6748
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4. 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.
5. Continuing Compliance. The applicant (City of Charlotte, Isaac Hinson) 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 150B 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