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HomeMy WebLinkAbout20110022 Ver 4_Approval Letter_20180413ROY COOPER +�i Governor MICHAEL S. REGAN Secretory Water Resources LINDA CULPEPPER Environmental Quality Interim Director 13 April 2018 DWR# 11-0022V4 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 Louise Avenue Capital Project Dear Ms. Shanaberger: You have our approval, in accordance with the General Certifications and those conditions listed below, for the purpose proposed in your application received by the Division of Water Resources (the Division) on April 9, 2018. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Numbers 4132 and 4134 which can be viewed on our web site at https://dea nc gov/about/divisions/water-resources/water-resources-permits/wastewater- branch/401-wetlands-buffer-permits/401-general-certifications. The General Certification allows you to use Nationwide Permit Numbers 3 and 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 Certifications will expire when the associated 404 permits expire unless otherwise specified in the General Certifications. It is advised that all conditions of the Certifications are reviewed prior to initiation of the project. In addition to the requirements of the Certifications, 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 Compares-- . State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 942 linear ft. 156 linear ft. Wetland 0.0 acre 0.0 acre 4. Stream reshaping, if conducted, should be performed above the ordinary highwater mark. 5. 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) 6. 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) 7. Per the Charlotte Interagency Review Team, mitigation will be purchased through the City of Charlottes Mitigation bank. 8. Immediately upon completion of the installation of a culvert or removal of a flow restricting device, water flow shall be returned to its natural course. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed benches) above and below locations of each culvert. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re -installed correctly. 15A NCAC 02H.0506(b)(2) 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 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: 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 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 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Crystal Amschler, Army Corps of Engineers, Asheville (email) David Homans, SME, (email) Karen Higgins, Wetlands Unit (email) MRO, Land Quality