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Home My WebLink About20051497 Ver 2_Approval Letter_20090818 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 18, 2009 DWQ# 05-1797V2 Mecklenburg County Mr. Jimmy Gordon Mecklenburg County Land Use & Env. Svc. 700 N. Tryon St Charlotte, NC 28202 Subject: McAlpine Creek Restoration/Enhancement APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Gordon: You have our approval, in accordance with the general certification and those conditions listed below, to impact 0.007 acre of wetland, 1.56 acre of open water, and 7603 linear feet (If) of stream (2455 If; three tributaries to McAlpine Creek; 5148 If, McAlpine Creek) in order to conduct the stream restoration/ enhancement project in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on July 21,2009. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3687,3689,3688, which can be viewed on our web site at http://h20.enr.state.nc.us/ncwetlands. The General Certifications allow you to use Nationwide Permit Numbers 3, 27, and 33 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. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. 3. Provide a copy to DWQ of the deed notifications or similar mechanisms that shall be placed on all retained jurisdictional wetlands and waters. A sample deed notification can be downloaded from the 401/Wetlands Mooresville Regional Office Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 Internet: www.ncwateraualitv.ora N<6~h Carolina lVall/rallll ~_"'" r::~._....1 1l........^rl.lf"\i+\I!^ffi,.m"1ti\l.o .6,..tinn J::mnln\lor _ .;nO/" RAf":Vr:IArI/1 nO/n p()~t C:on~umer Paoer Unit web site at http://h20.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 4. Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 5. 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. 6. 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. 7. 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. 8. 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, ~~ ~ {?v- Of Coleen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Jarrod Karl - Charlotte, Storm Water Svc. MRO, Land Quality Greg Antemann, CWS