20090943 Ver 3_Approval Letter_20180830

ROY COOPER NORTH CAROLINA
('Orerner Environmental Quality
MICHAEL S. REGAN
Se retm)'
LINDA CULPEPPER
Intern; Director
Ms. Amy Vershel
Charlotte Water
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
McAlpine Sewer
Dear Ms. Vershel
FILE
30 August 2018
DWR# 09-0943V3
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 August 21, 2018 and received by the Division
of Water Resources (the Division) on August 29, 2018. After reviewing your application, that this
project is covered by Water Quality General Certification Number 4133 which can be viewed on our
web site at https://deg nc gov/about/divisions/water-resources/water-resources-permits/wastewater-
branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters-program 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 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 Amount Approved
Temporary Impact Permanent Impact
Stream (stabilization) 888 linear ft. 190linearft.
Wetland 0.28 acre 0.4 acre
4. Wetlands with temporary impacts shall be restored to the pre-existing status. Forested wetland
areas shall be planted to provide for a 260 tree/acre survival rate.
5. Where practicable and logical, soft stabilization measures shall be utilized in place of the
proposed hard stream stabilization methods.
6. 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)
7. 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)
8. The construction of the new sewer line may result in additional development along the
construction corridor. Development of these parcels may impact additional waters and cause
violations of downstream water quality standards. The cumulative impacts for this project
must be adequately addressed by the applicant (City of Charlotte) or the applicant may
assume responsibility for post construction storm water management plan (SMP) for any
development associated with this sewer system. The storm water facilities at minimum must be
designed to meet state or document that the project will not impact water quality. 15A NCAC
2H.1000, 15A NCAC 02H .0506(b)(5)
9. 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)
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)
12. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be provided within
5 business days of the time the applicant becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case-by-case basis. 15A NCAC 0213.0200

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 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: Dave Shaeffer, Army Corps of Engineers, Charlotte, email
Christine Geist, CWS, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality