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Home My WebLink About20240094 Ver 1_More Info Requested_20240312ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 12, 2024 DWR # 20240094 Mecklenburg County Charlotte Water Attn: Mr. Michael Vaniska 5100 Brookshire Blvd. Charlotte NC 28216 Delivered via email to: Michael.Vaniska@charlottenc.gov Subject: REQUEST FOR ADDITIONAL INFORMATION Mallard Creek Interceptor— Phase 1 Project Dear Mr. Vaniska: On January 9, 2024, with fee received on January 19, 2024, the Division of Water Resources (Division) received your application requesting a 401 Individual Water Quality from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: In the PCN Under Avoidance and Minimization it states, "Trenchless boring under the stream... carries risk ... option was abandoned from further consideration." Boring is used throughout the state in various projects to minimize stream impact / potential WQ issues from trenches. Further justification is needed to adequately document that all reasonable avoidance and minimization efforts have been taken. 2. A few plan sheets show the limit of disturbance up to the top of streambank. Standard 401 Certification requirement states "Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark." If this requirement cannot be met in a specific location, please identify that location and provide details of why the project cannot be modified to meet this condition. Please also submit a very detailed construction sequence that includes additional measures that will be taken to protect long term stream stability and to protect downstream water quality standards. 3. There is a tributary stream crossing near STA 0+00 on Plan sheet C-3 that is not included in impacts. Please explain. See "What is this Crossing?" in image below. North Carolina Department of Environmental Quality I Division of Water Resources �FQ 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 Depanm of Enrl. a .1 Qu.1i� Mallard Creek Interceptor— Phase 1- Project DWR# 20240094 Request for Additional Information Page 2 of 3 rJ471 w7rw w�a skr�rt ran'7 > - "Y'••'1 , 1-, 0+00 1+00 2+00 3+00 4+00 Pi1DP. OUT 549.64 (72-) w1E7LAND@1 (TEMIPORARVDpTURBANCE1 :Try: F'. i'• ..I, TIF:F'^KCES 0LEAP..ING AID PIPE INSTALIATIDFI AREA,=9716 SF Ct. LA .RINI� r.VL' :1 II. - G!. _ PROPOYJED 54PROPOSED l2" SEWER.TYK 3EUgER TFMI . 7LIY`S�E ? ;.: f 1 G^— '•T (BE E BH EET C.;:4} Cr NNECTli70. G(?WNECfIDNI JIF:I =.v ......•1,3 r+ �# (SEE Z HEFT L.:r ATpe !-► l I V V YYrI}Inr1.:5R Ir. ��l ) � L STREAM A ,A.. — ... - C fC lif l3i at':. 1 !. rA. !+/G. tJ -. lalpr u•rli. .*Pd AA s r µ +'y 2.0.22al.tvvpWrarrvylelrbaix:eryMuwr + I a 11 1 a rT. �ntr* ,ie 1 7 ?�r�y yy+t cast, 1 PRIORP 77 TLh,NQ#t''� 7I 1-FT .:Ir.r UVE f PET11=ET QISTUR�AJ Fi - - ��` INa^, ARID PIPE INSTi. Tli rrJ ,;.F. FAQ �7& _.� r C�.IPS 3�LG•7t1* _. _ 'BY C-HE?S' (Snippet from plan sheet C-3. Reference for item 3 above) 4. The PCN states stream crossings meet standard requirements; however, there are stream crossings (approximate locations below) that do not appear to be perpendicular. Standard 401 Certification requirement states, "Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 104 degrees to stream bank)." Please explain/verify crossings are between 75 degrees and 105 degrees to the stream bank and provide justification if not. • STA 4+00 on Plan Sheet C-3 Labeled Perennial Stream A (also shown in image above and on Plan Sheet C-18) • STA 39+00 on Plan sheet C-6 Labeled Intermittent Stream D • STA 145+60 on Plan Sheet C-15 Intermittent Stream K • STA 0+60 on Plan Sheet C-21 Perennial Stream H 5. The Plan Sheet C-28 appears cut-off and there is no legend. Please correct as needed or clarify. 6. Many of the Erosion Control and Construction Plan Sheets are not legible when magnified. Submit a higher quality copy of just these plan sheets (EC-1 to C-31) or also submit the information in a separate document. Include specifics for each section of the project. 7. A waiver is requested for construction corridors in excess of 40 feet wide. Standard 401 Certification requirements state, "Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide." The request is reasonable for this type of project; however, the plans appear to show a North Carolina Department of Environmental Quality I Division of Water Resources D_E 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORT! CAROL, NA \\ryryyy\\ 919.707.9000 napar MFnWMnMffW OWI� Mallard Creek Interceptor— Phase 1- Project DWR# 20240094 Request for Additional Information Page 3 of 3 proposed width of 80 feet or more for most of the project. Is this necessary? Note that MINIMUM width of disturbance is the requirement. Standard 401 Certification regulation states, "Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide." Many of the plan sheets reference permanent easements that appear to be off the centerline of the proposed SS. Permanent easements are different than permanent, maintained corridors. Do you intend to have permanent, maintained corridors wider than 30 feet? If so, justify. 9. On the PCN item G.3b. requires a narrative description. Please provide. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Maria Schutte at 704-235-2184 or.Maria.Schutte@deg.nc.gov if you have any questions or concerns. Sincerely, EA DocuSigned by: �w H P44ft F161FB69A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Electronic cc: Megan Bollero, Carolina Wetland Services, Inc. Samantha Dailey, USACE Charlotte Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 20240094 Mallard Creek Interceptor— Phase 1 project - Mecklenburg - addinfo.docx D � �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORT! CAROL, NA \\ryryyy\\ 919.707.9000 nap — M EnWMnMffW Qppl�