20180880 Ver 1_Approval Letter_20180702

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Water Resources n
Environmental Quality
Ms. Nicole Bartlett,
City of Charlotte
5100 Brookshire Blvd.
Charlotte, NC 28216
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
2 July 2018
DWR# 18-0880
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification and Goose Creek Riparian Buffer Authorization
with Additional Conditions, Stevens Creek Lift Station
Dear Ms. Bartlett:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated June 19, 2018 and received by the Division
of Water Resources (the Division) on June 26, 2018, 2018. 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 https://deq.nc.-qov/about/divisions/water-resources/water-resources-
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). In addition, these impacts are covered the Goose Creek
Riparian Buffer Rule (NCAC 02H .600. 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. Additional buffer impacts may require compensatory
mitigation as described in 15A NCAC .0609. 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 02B.0609(8), 15A NCAC 02H .0507
2. Temporary impacts within the buffer shall be restored to the pre-existing condition. The limits
of the permanent corridor through the buffer shall be properly identified to prevent unnecessary
impacts to the required restoration.
3. Monitoring: The permitee shall undertake compliance monitoring for two years from the date of
implementation or until the s cf s r���r ver _e.een�met, whichever is later. If initial planting
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

efforts fails and the project area must be replanted, the vegetative monitoring timeframe is reset
to year one. DWR shall be notified. [15A NCAC 02H .0507(c)]
4. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
5. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
60 linear ft.
Wetland
0.112 acre
0 acre
Buffer
145, 041 sq. ft.
6. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Division of Mitigation Services to meet this
mitigation requirement. Until the DMS receives and clears your payment, and proof of payment
has been provided to this Office, no impacts specified in this Authorization Certificate shall
occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS
to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
7. 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)
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. A turbidity curtain shall be considered during construction to prevent excessive turbidity issues.
This condition can be waived with prior approval from the NCDWR. 15A NCAC 02H .0506(b)(3)
12. 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) and 15A
NCAC 02B.0243(8)]
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 [phone].
Type of Impact
Compensatory
Mitigation Required
River and Sub -basin Number
Buffer (Yadkin -Goose Creek)
145,041 sq. ft.
03040405.
7. 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)
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. A turbidity curtain shall be considered during construction to prevent excessive turbidity issues.
This condition can be waived with prior approval from the NCDWR. 15A NCAC 02H .0506(b)(3)
12. 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) and 15A
NCAC 02B.0243(8)]
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 [phone].

Within sixty (60) calendar days (30 days for buffer) 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, INC 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: David Shaeffer, Army Corps of Engineers, Charlotte, email
Jennifer Robertson, Atlas Environmental, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

18-0880
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, City of Charlotte. has permission as outlined below to
impact 145,041 sq. ft. of buffer in order to proceed with the sewer lift station in Mecklenburg County,
North Carolina. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
145,041 sq. ft. of buffer
Country Woods Drive
Mecklenburg
Yadkin -Goose Creek (03040105)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the
nearest foot and acreage requirements must be rounded to one-quarter acre increments according
to 15 2r .0503(b).
Mitigation:
145,041 sq ft. of buffer (3:1)
Mitigation:
435,123 sq. ft. of buffer by the DMS required for the 401 Water Quality Certification. In correspondence
dated June 26, 2018 the DMS indicated that mitigation would be conducted by DMS if available within
the cataloging unit. More may be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through
the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form
and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652