20090963 Ver 1_Approval Letter_20091005

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 5, 2009
DWQ# 09-0963
Mecklenburg County
Dr. Greg Thorpe, Ph.D., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548
APPROVAL of 401 Water Quality Certification with Additional Conditions, Proposed Intersection
Realignment of State Road 2804 (Reedy Creek Road) and State Road 2805 (Harrisburg Road),
Mecklenburg County, State Project No. 9.8109822), WBS Element 36771.1.2, TIP No. U-4401
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, to permanently.
impact 67 linear feet (If) (culvert extension)and to temporarily impact 12 If (construction activities) of an
unnamed tributary to McKee Creek, an intermittent stream, as described in your application received by the
Division of Water Quality (DWQ) on September 3, 2009. The location of the project is State Road 2804
(Reedy Creek Road) and State Road 2805 (Harrisburg Road) in Mecklenburg County. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Numbers
3704. 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. This approval will expire with the associated 404 permit unless
otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified
below). Should your project change, you must notify the DWQ in writing and you may be required to submit a
new application. If the property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet,
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6) and (7). For this approval
to remain valid, you must adhere to the conditions listed in the attached certification and those listed below:
Placement of culverts and other structures in waters, streams and wetlands must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to allow for low flow passage of water and
aquatic life, as well as prevent headcutting of the streams. The design and placement of culverts and other
structures including temporary erosion control measures shall be installed in such a manner that the original
stream profiles are not altered (i.e., the depth of the channel must not be reduced by a widening of the
streambed).
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, INC 28115 One
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748 NOI't)1CaYOhlla
Internet: vnvw.ncvvaterqualiry.org (? [Lard/ 1/
An Equal Opportuniryl Affirmative Action Employer -50%Recycledfl0% Post Consumer paper '- tu,"""l?
Dr. Gregory Thorpe, Ph.D.
Page Two
Existing stream dimensions (including pattern and profile) are to be maintained above and below locations of
each culvert. The applicant may be required to provide evidence that the equilibrium has been maintained, if
requested in writing by the DWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the DWQ for guidance on how to proceed and to determine
whether or not a modification to this certification will be required.
2. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
3: All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to turbidity
shall be designed, constructed, and operated with sediment and erosion control measures that meet Design
Standards in Sensitive Watersheds [15A NCAC 4B .0124]. However, due to the size of the project, NC DOT
shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.
4. The slope of the proposed culvert was not provided in'the Pre-Construction Notification application. Based
on the site visit, it appears that the slope may be substantial enough to cause scour at the outlet end of the
culvert. NCDOT is advised that if stream destabilization occurs due to a steep slope on the culvert
(exceeding 3-4%), DWQ may require corrective actions to ensure stream stability.
5. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream.
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
7. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
8. If concrete is used during construction, a dry work area should be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of the NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.
10. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
Dr. Gregory Thorpe, Ph.D.
Page Three
14. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
15. Native riparian vegetation must be re-established within the construction limits of the project by the end of the
growing season following completion of construction.
16. 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 30 days after the Division of Land Resources has
released the project.
17. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
18. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
19. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
21. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not
excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this
project within waters and/or wetlands, except as authorized by this Certification, or any modification to this
Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall
be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it
is a direct impact from road construction activities.