20191760 Ver 1_More Info Requested_20200331

DocuSign Envelope ID: 4F91CDB6-003A-42EA-9BA4-70FC4A14C24A
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Brett Canipe, P.E.
Division Engineer, Division 10
NC DOT
716 W Main St
Albemarle, NC 28001
NORTH CAROLINA
Errs M"fh#rtfdI Quarlry
March 31, 2020
Subject: Second Request for Addition Information for Proposed Improvements to Highway 21 Widening Project in
Mecklenburg County, C-5621, BIMS No. 20191760
Dear Mr. Canipe:
The Division of Water Resources has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for making
an informed permit decision. The permit application was deficient in the following areas:
• Inadequate response for avoidance and minimization
• Hazardous spill basin was not included in the plans
• Additional impacts to jurisdictional areas not included in the plans
On February 24, 2020 the Division of Water Resources (DWR) received the response to the initial request for
additional information, which was dated February 12, 2020. This response failed to adequately address avoidance
and minimization of stream impacts at Sites 2A and 3 at the southern roundabout. This roundabout could be located
differently to minimize stream impacts. The response stated that the Highway 21 widening project did not meet the
requirements of a hazardous spill basin. However, the northern traffic circle will be greatly expanded and is located
approximately one tenth of a mile from Highway 21, which is minor urban arterial. The entirety of the new,
upgraded storm drainage system from Hwy 21 down Holiday Lane receives spills and runoff from Hwy 21 which
discharges it directly to an upgraded stormwater outfall to a jurisdictional perennial stream in a Critical Area (CA)
watershed. The area will also be subject to gas/diesel refueling trucks required by the new QT gas station currently
under construction at Hwy 21 and Holiday Lane, which significantly impacts the type and frequesncy of hazardous
materials being transported on this roadway improvement. This project creates a new impacts and discharge to this
jurisdictional stream of the CA.
Per NC DOT Guidelines for Drainage and Hydraulic Design, signed by Dr. David Cheng, PE, State Hydraulic
Engineer on November 21, 2016, Appendix O, parts applicable to C-5621 are underlined:
Hazardous Spill Basins are provided in new highway construction and major improvement projects at strategic
locations along arterial system hi hgways to aid in containment and clean up of accidental spills. The determination
of these strategic locations is based on concentrated truck usage areas such as; parking sites at rest areas, weight
stations, and runaway ramps, as well as for highway segments in close proximity to particularly sensitive waters
such as; outstanding resource waters and water supply sources.
D— E North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 4F91CDB6-003A-42EA-9BA4-70FC4A14C24A
The strategy is to configure the highway segment of concern such that any potential spill runoff would be directed
through a faciliU (basin) where the flow could be interrupted and temporarily stored to prevent hazardous material
from reaching a receiving stream. The use of these basins and other management practices to protect receiving
waters is in accordance to the general policies and criteria presented in the departments document "Best
Management Practices for Protection of Surface Waters ". The following is additional specific guidance in the
location and design of the basins:
APPLICABLE LOCATIONS
1. Basins will be provided at stream crossingsghways functionally classified as a rural or urban
arterials and,
• The stream(]) is identified as an Outstanding Resource Water (ORW) or a WS-I water supply, or
• The stream(]) crossing is within 112 mile of the critical area(2) of water supply source classified
as WS-II, WS-III and WS-IV.
2. Provision of basins at crossings of those streams on highways functionally classified as collectors and local
streets and roads can be evaluated on a site by site basis with consideration or: traffic volume, traffic type,
accident potential related to the hiy_hway geometrics, receiving water quality, and the feasibility of basin
construction at the site.
Based on the above guidelines, a hazardous spill basin is required at Site 1 of this project to protect the Critical Area
of a water supply. Furthermore, widening Highway 21, which is classified as a minor arterial, meets the urban/rural
arterial guidelines as stated by NC Hydraulics Unit.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we are
supplied the necessary information. You have 21 days to respond in writing with the requested information or
notification to this office that the information is forthcoming. If, at the end of the 21 days, this office has not
received this information in writine or the response is inadequate, we will assume you are withdrawing your
application and it will be returned. Furthermore, until the information is received by the NC Division of Water
Resources, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on
hold.
If you have any questions or require additional information, please contact Donna Hood at [phone] or
[e-mail].
Sincerely,
DocuSigned by:
• 4 ,(�
S. Dan e��mit�i4; birector
Division of Water Resources
Electronic copy only distribution:
Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office
Joel Howard, Acting Division 10 Environmental Officer
Michael Turchy, NC Department of Transportation
Marla Chambers, NC Wildlife Resource Commission
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000