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Home My WebLink About20180307 Ver 2_DWR Approval Letter_20181129NORTHC4RQL|NA Environmental Quality ROY COOPER ��mw WFIAE[S.REGAN Stu �ary LINDA CU[PEPPER /omm"I Omm� Charlotte Water Attn: Ms. Nicole Bartlett 5I00 Brookshire Blvd. Charlotte, NC 28216 DVVR#2D18O3D7v2 Mecklenburg County Subject/ Major Variance Approval of Goose Creek Riparian Buffer Impacts with Additional Conditions Stevens Creek Trunk Sewer — Phase 1 Dear Ms. Bartlett: You have our approval for the impacts listed below for the purpose described in your application dated December 8, 2017, received by the Division of Water Resources (Division) December 8, 2017, with subsequent information received on January 19, February 14, February 28, May 7, May 17, May 21, May Z3,June 6,and June 14,2018. This variance request was approved bythe Water Quality Committee uf the Environmental Management Commission unJuly I1,2018and aFinal Decision was issued on September 4,20l8. This letter shall serve asyour Major Variance approval with conditions ay authorized in15AN[ACO2B.0GU6/2\(b). This letter only addresses the major variance from the buffer rules and does not approve any activity within Waters of the United States or Waters of the State. 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. This approval requires you to follow the following conditions: The following impacts are hereby approved provided that all of the other specific and general conditions ofthe Buffer Rules are met. 0oother impacts are approved, including incidental impacts. [15ANCAC82B.86OG] North Carolina Department dEnvironmental O#itv|Division mWaitet Resourc�e.'5 szzmunoSaosuowy%,eet nG17Mail Service Cwme.|no/eig$,North cumnnuo76e9tG1, e1e.707a000 DWR # 18-0307 v2 Stevems[reekTnankIewer—Phamel Major Variance Buffer Approval Page 2 of 4 Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Buffers 121,546 (square feet) 323,068 (square feet) Noadditional impacts, other than exempt uses asidentified within 15ANCACO28.O6O7nr impacts approved by Buffer Authorization issued separately from this approval by the Division, shall occur within the protected riparian buffer unless approved. B. CQ pensato[y Mitigation Plan Mitigation must be provided for the proposed impacts. The Applicant shall complete the decommissioning of the existing package plant, replace existing pump stations with u regional pump station, and complete the proposed stream restoration project. [15AN[4[U3H.0295/hV5\] 4� |nthe specifications for leakage tests, the allowable leakage is0gallons for both pipe and manholes. in addition to passing the air test, there shall be no visible leakage or moving water observed in the pipe and invert. Infiltration testing or additional air testing and repairs will be required if these situations occur, [15A NCAC 02B .0606 (2)(b)] 5. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations mfstate water quality standards, statutes mrrules occur. [15ANC4C82B.0200] G. Erosion and sediment control practices must beinfull compliance with all specifications governing the proper designs, installation and operation and maintenance of such Best Management Practices in order to protect surface water standards [15A NCAC 02B 02001 a The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance, with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion [mm1oo| Planning and Design Manual. The devices shall bemaintained mmall construction sites, borrow she and waste pUe(spoi|)projects, including contractor -owned orleased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not beused DVVR#18-0307vZ Stevens Creek Trunk Sewe/—Phaae1 Major Variance Buffer Approval Page Juf4 8. The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall beclearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15ANCA[0ZB.86O5-O6O7. 9. The permittee shall report to the Mooresville Regional Office (704-663-1699) any noncompliance with this approval, any violation of stream or wetland standards [15A NCAC 02B .Q2OO]including but not limited tosediment impacts, and any violation of state regulated riparian buffer rules [15ANCA[02B.Q6UO]. Information shall baprovided orally within I4hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. Awritten submission shall also beprovided within 5business days ofthe 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 ofthe noncompliance. The Division may waive the written submission requirement on a case-by-case basis. 1O.This approval isfor the purpose and design descrbedinyouraqplicatimn.Thepkansand specifications for this project are incorporated by reference as part of the MajorVariance. if you change your project, you must notify the Division and you may be required to submit a new application package. |fthe property iasold, the new owner must begiven acopy ofthis approval letter and is responsible for complying with all conditions. [15A NCAC 02B .0606 (2)(b)] 11. This approval grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 0213.0606 (2)(b)] This approval and its conditions are final and binding unless contested. This Major Variance can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty Apetition form may beobtained from the OAH at or by calling the OAHClerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable 0AH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5.00pm, excluding official state holidays). The petition may be faxed tothe 0AH at(919)43B100, provided the original and one 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. DWR # 18-0307 v2 Stevens Creek Trunk Sewer — Phase I Major Variance Buffer Approval Page 4of4 Mailing address for the OAH- If sending via UJPostal Service: If sending via delivery service (UPS,FedEx, etc): Office ofAdministrative Hearings Office ofAdministrative Hearings G724Mail Service Center 1711New Hope Church Road Raleigh, NCI7b99-6714 Raleigh, N[276O9-62Q5 One (1) copy ofthe petition must also beserved toDepartment ofEnvironmental Quality: William FLane, General Counsel Department ofEnvironmental Qwa|hY l681Mail Service Center Raleigh, WC27699-16O1 This letter completes the review of the Division for the Goose Creek Riparian Buffer Rules as described in 15A N[A[1}608. Please contact mea\ Myou have any questions or concerns. Sincerely, Karen Higgins, Supen/�or�� 401&Buffer Permitting Branch cc: Jason Marshall, (SHC\ Inc. (email) Alan Johnson, DWRMRO (emoi|) Laserfiche File Name: 180307v25tevens[reekTrmckSewenphas 1(wecNenburg)_Gmose_M]v