20051497 Ver 1 _Approval Letter _20050901

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Michael F. Easley, Governor

William G. Ross Jr., SecrClllry
North Carolina Depal1ment of Environment and Natural Resources

Alan W. Klimek, r.E. Director
Division ofWaler Qualily

September 1, 2005
DWQ# 05-1497
Mecklenburg County

Mr. James Gordon, PE
Mecklenburg County Stormwater Services
700 North Tryon S1. .
Charlotte, NC 28202

Subject McAlpine Creek Bank Stabilization Project, Sardis Road

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. Gordon:

You have our approval, in accordance with the attached conditions and those listed below, to stabilize
325 linear feet (If) of stream bank along McAlpine Creek in Mecklenburg County as described in your
application received by the Division of Water Quality (DWQ) on August 25, 2005. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Number
3495, which can be viewed on our web site at http://h20.enr.state.nc.us/ncwetlands. The General Certification
allows you to use Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers.
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. 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 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.

In addition to the requirements of the certification (please note conditions #9 & #16), you must also
comply with the following conditions:

1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.

2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
viol~tions of state water quality standards, statutes, or rules occur.

3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.

~carolina
;Nn/llrnll!l

Nol1h Carolina Division of Water Quality 610 East Center Ave~ Suite 301 MooresvilIe, NC 28115 Phone [phone]
Internet: h2o.enr.state.nc.us FAX (704)66M040
An Equal Opportunity/Aflinnative AcOOn Employer- 50% Recycled/10% Post Consumer Paper

Customer Service
1~-623-6748

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4. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.

5. Continuing Compliance. The applicant (Mecklenburg County) shall conduct all activities in a manner so as
not to contravene any state water quality standard (including any requirements for compliance with section
303{d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure
compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507{d). Before
codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with
15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section
404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.

This letter completes the review of the Division of Water Quality 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. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,

l) f?4 j/~

for Alan W. Klimek, P.E.

Attachments

cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Land Quality, MRO
Central Files
Josh Gilman

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