20090547 Ver 3_Approval Letter_20180205

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Water Resources A
Environmental Quality
Mr. Brian Sikes
Charlotte/Mecklenburg Storm Water
2145 Suttle Ave.
Charlotte, NC 28208
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
5 February 2018
DWR# 09-0547V3
Mecklenburg County
Subject: APPROVAL (Reissuance) of 401 Water Quality Certification with Additional Conditions
Briar Creek Enhancement: Randolph/Providence
Dear Mr. Sikes:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated January 19, 2018 and received by the
Division of Water Resources (the Division) on January 24, 2018. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 4134 which
can be viewed on our web site at http://portal.ncdenr.org/web/wg/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 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)
3. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 7712 linear ft. 613 linear ft.
Wetland 0 acre 0.01 acre
--^Nothing Compares`--k_l .-
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

4. All previous additional conditions under this stated under the earlier issued approvals/certification
remain in effect.
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 Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/or by
calling the OAH Clerk's Office at [phone].
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 [phone], 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: Crystal Amschler, Army Corps of Engineers, email
Ian Eckardt, Wildlands Engineering, email
Isaac Hinson, Charlotte Stormwater, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality