HomeMy WebLinkAbout20180003 Ver 1_Approval Letter_20180116Witter Resources
Environniental (luality
January 16, 2018
Mr. Ryan LeBlanc
Charlotte Water
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Little Sugar Creek to Fairview Sewer
Dear Mr. LeBlanc:
ROY COOPER
(iovernor
MICHAEL S. REGAN
Secrrmrc
LINDA CULPEPPER
Interim Direeror
DWR# 18-0003
Mecklenburg County
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated December 22, 2017, and received by the
Division of Water Resources (the Division) on December 28, 2017, and subsequent information on
December 22, 2017. After reviewing your application, we have determined that this project is covered
by Water Quality General Certification Number 4133 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 12 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 300 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)
->"Nothing Compares7-
Stale of North Carolina? CarvironmentaI Quality
1611 Mall Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
3. Approved Impacts:
Type of Impact
Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream
137 linear ft. 0 linear ft.
Wetland
0.02 acre 0.03 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. At the stream impact areas, per the general certification, stream pattern, dimension, profile and
elevation shall be maintained. No rip rap shall be placed below the ordinary high water mark.
7. Strongly recommended that native vegetation and other soft stream bank stabilization techniques
is recommended where practicable instead of riprap or other bank hardening methods.
8. 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)
9. 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)
10. 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)
11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division. 15A NCAC 02H .0507(c)
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: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699-6714 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,
r-Uz W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: David Schaeffer, Army Corps of Engineers, Charlotte, email
Brandon Phillips, SN Engineering, brandon.phillips@stvinc.com
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality