20180307 Ver 4_Approval Letter_20200519

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Charlotte Water
Attn: Mr. Jeffrey McClanahan
5100 Brookshire Blvd.
Charlotte, NC 28216
NORTH CAROLINA
Environmental Quality
May 19, 2020
DWR # 20180307 v4
Mecklenburg County
Subject: Major Variance Approval of Goose Creek Riparian Buffer Impacts with Additional
Conditions
Stevens Creek Trunk Sewer — Phase 2
Dear Mr. McClanahan:
You have our approval for the impacts listed below for the purpose described in your application dated
December 9, 2019, received by the Division of Water Resources (Division) December 9, 2019, with
subsequent information received on February 5, February 13, February 26, and March 3, 2020. This
variance request was approved by the Water Quality Committee of the Environmental Management
Commission on March 5, 2020 and a Final Decision was issued on March 24, 2020. This letter shall serve
as your Major Variance approval with conditions as authorized in 15A NCAC 02B .0606 (2)(b). This letter
only addresses the major variance from the buffer rules and does not approve any activity within Waters
of the United States or Waters of the State. 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 requires you to follow the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0605]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers
49,450 (square feet)
192,070 (square feet)
No additional impacts, other than exempt uses as identified within 15A NCAC 02B .0607 or
impacts approved by a Buffer Authorization issued separately from this approval by the Division,
shall occur within the protected riparian buffer unless approved.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
m )ry rN cxl4o:. i
o.�ro�em or E�.w�����a�:r� /� 919.707.9000

Stevens Creek Trunk Sewer - Phase 2
DWR # 20180307 v4
Mecklenburg County
Page 2 of 4
3. Compensatory Mitigation Plan
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Division of Mitigation Services (DMS) dated
November 13, 2019 to meet the buffer mitigation requirement. Until DMS receives and clears
your payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to these entities to meet the following compensatory mitigation requirement
[15A NCAC 02H .0506 (b)(6), 5A NCAC 02B .0295(h)(5) and 15A NCAC 02B .0606 (2)(b)]:
Compensatory Mitigation Required
River and Sub -basin Number
Riparian Buffer
49,405 (square feet)
Yadkin River Basin — Goose
Creek Riparian Buffer
03040105
4. Leakage Testing
In the specifications for leakage tests, the allowable leakage is 0 gallons for both pipe and
manholes. In addition to passing the air test, there shall be no visible leakage or moving water
observed in the pipe and invert. Infiltration testing or additional air testing and repairs will be
required if these situations occur. [15A NCAC 02H .0506 (b)(6) and 15A NCAC 02B .0606 (2)(b)]
5. All construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes or rules occur. [15A NCAC 02B .0200]
6. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper designs, installation and operation and maintenance of such Best
Management Practices in order to protect surface water standards [15A NCAC 02B .0200]
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 Planning
and Design Manual. The devices shall be maintained on all construction sites, borrow
site, 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 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.

Stevens Creek Trunk Sewer - Phase 2
DWR # 20180307 v4
Mecklenburg County
Page 3 of 4
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. [15A NCAC 02B .02011
8. The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 0213.0605-0607.
9. The permittee shall report to the Mooresville Regional Office (704-663-1699) any
noncompliance with this approval, any violation of stream or wetland standards [15A NCAC 02B
.0200] including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 02B .0600]. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the applicant became aware of
the circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time compliance
is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case -by -case basis.
10. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Major Variance. If
you change your project, you must notify the Division and you may be required to submit a new
application package. If the property is sold, the new owner must be given a copy of this
approval letter and is responsible for complying with all conditions. [15A NCAC 02B .0606 (2)(b)]
11. This approval grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02B .0606 (2)(b)]
This approval and its conditions are final and binding unless contested.
This Major Variance can be contested as provided in General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60).
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:OOam and S:OOpm, excluding official state holidays).

Stevens Creek Trunk Sewer - Phase 2
DWR # 20180307 v4
Mecklenburg County
Page 4 of 4
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division for the Goose Creek Riparian Buffer Rules as described in
15A NCAC .0606. Please contact me at [e-mail] if you have any questions or
concerns.
Sincerely,
DocuSignn�e/d by:
�6LGL� W020
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Omar Kahn, GHD, Inc. (email)
Savannah Leigh Tilley, GHD, Inc. (email)
Alan Johnson, DWR MRO (email)
Laserfiche
File Name: 180307v4StevensCreekTruckSewerPhase2(Mecklenburg)_Goose_MJV