20060368 Ver 5_Approval Letter_20090819

NA
NCDENR

Beverly Eaves Perdue
Governor

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H, Sullins
Director

Dee Freeman
Secretary

August 19, 2009
DWQ# 06-0368V5
Mecklenburg County

Mr. Jarrod Karl
City of Charlotte, Storm Water Services
600 East Fourth St.
Charlotte, NC 28202

Subject: Cyrus Branch Stabilization/Enhancement

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. Karl:

You have our approval, in accordance with the general certification and those conditions listed below,
to impact 535 linear feet (If) of stream to Cyrus Branch in order to complete the subject project in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on August 5,2009.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Numbers 3687 and 3689, which can be viewed at http://h20.enr.state.nc.us/ncwetlands. The
General Certifications allow you to use Nationwide Permit Numbers 3 and 27 once they are 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 Certifications will expire when the associated 404 permits expire 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, 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. 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.

3. 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.

Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: www.ncwateraualitv.oro

N~rthCarolina
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4. Continuing Compliance. The applicant (City of Charlotte) shall conduct all activities in a manner so as not to
contrayene 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 proYided
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,

I2l ~ \~

\ for Coleen H. Sullins

Attachments

cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Joey Lawler, S& ME