HomeMy WebLinkAbout20090827 Ver 1_Approval Letter_20090818
6A
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# 09-0827
Mecklenburg County
Mr. Jarrod Karl
City of Charlotte, Storm Water Services
600 East Fourth St.
Charlotte, NC 28202
Subject: Briar Creek Enhancement (Mint Museum)
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 7600 linear feet (If) of stream (900 If; tributary to Briar Creek; 6700 If, Briar Creek) in order to conduct
the stream enhancement project in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on July 30, 2009. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3704 and 3689, 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 14 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. 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
Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
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.ncwaterqualitV.orq
N~1thCarolina
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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. 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
violations of state water quality standards, statutes, or rules occur.
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 (City of Charlotte) 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,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality