HomeMy WebLinkAbout20080715 Ver 2_Application Mod_20101217December 15, 2010
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Chapin
N.C. Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Attention: Mr. Ian McMillan
?S&ME
FS ,a f- 1-mij-
DFC 1 `Y 2C;D
DENR - MATER QUALITY
WETLANDS AND STM- iATER "CH
Reference: Bank Stabilization Installation and Additional Stream Crossing
Reedy Creek Interceptor Project
Mecklenburg and Cabarrus Counties, North Carolina
S&ME Project No. 1357-09-039
USACE Action ID 2008-01353-360
DWQ No. 08-0715
Dear Mr. Chapin and Mr. McMillan:
On behalf of Woolpert, Inc. (Woolpert), the design engineer, and Charlotte Mecklenburg
Utilities (CMU), the permit applicant., S&ME, Inc. (S&ME) is hereby submitting an
update on the Reedy Creek Interceptor Project. This update addresses project bank
stabilization measures, and one crossing of Crozier's Branch that has occurred but was
not included in the original request for authorization.
PROJECT BACKGROUND
The Reedy Creek Interceptor Project is approximately 22-miles of gravity sewer and
force main within a 95-acre corridor in Mecklenburg and Cabarrus Counties, N.C. A
Notification of Jurisdictional Determination (JD) letter for the project corridor was issued
by the U.S. Army Corps of Engineers (USACE) on April 2, 2008, a Division of Water
Quality (DWQ) Water Quality Certification (WQC) was issued on June 26, 2008
(attached) and a NWP No. 12 authorization letter (attached) was issued on July 11, 2008.
Project authorizations were for 1.607 acres of temporary wetland impacts (0.287 forested
acres), 0.075 acre of permanent wetland impacts, permanent stream impacts of 283 linear
feet (If), and included special conditions as described below:
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
Bank Stabilization and Additional Crossing SWE Project Number 1357-09-039
Reedy Creek Interceptor Project December 15, 2010
USACE NWP Special Conditions:
Forested wetlands (outside of the 10-foot permanently maintained sewer corridor) to be
temporarily impacted by the project will be restored by planting native woody vegetation
back to a forested system (in accordance with S&ME's restoration plan) upon completion
of construction,
1) Streambeds that are crossed will be returned to original elevations and conditions,
2) S&ME personnel and the U.S. Army Corps of Engineers (USACE) will complete
periodic inspections of the project for compliance with the incorporated
conditions;
3) After project completion, the USACE will inspect the project; and,
4) All work must be done in strict accordance with submitted plans.
DWQ WQC Special Conditions:
1) The Mooresville Regional Office shall be notified in writing once construction at
the approved impact areas has commenced;
2) It appears that construction of the new sewer line may result in additional
development within several parcels. The cumulative impacts for this project must
be adequately addressed. To address this concern, prior to allowing access to the
system, on-site storm water management measures (such as level spreaders,
bjoretention or constructed wetlands) shall be required in accordance with DWQ
rules and regulations for those parcels when they are developed. However, the
Division is open to other approaches that would protect downstream water quality
from cumulative impacts;
3) Culverts placed in streams/wetlands shall be installed "in the dry". Immediately
upon completion of the installation, water flow shall be returned to its natural
course. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained (or restored via constructed
benches) above and below locations of each culvert. If any of the existing pipes
are or become perched, the appropriate stream grade shall be re-established or, if
the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly;
4) 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;
5) Use of native vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of riprap or other bank hardening methods. If
nprap is necessary, it shall not be placed in the streambed, unless approved by the
DWQ;
6) 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;
7) 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
2
Bank Stabilization and Additional Crossing SWE Project Number 1357-09-039
Reedy Creek Interceptor Project December 15, 2010
conducted so that no violations of state water quality standards, statutes, or rules
occur;
8) 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;
9) 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; and
10) Continuing Compliance. The applicant (Charlotte/Mecklenburg Utilities) 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
re-evaluate 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.
To help CMU comply with Special Condition No. 3 of the USACE NWP Special
Conditions, Woolpert has contracted S&ME to complete monthly construction
observations to review compliance with NWP / WQC conditions. These observations do
not include erosion and sedimentation control observations. Erosion and sedimentation
control compliance is being monitored by three parties: 1) CMU, 2) City of Charlotte,
Division of Land Resources, and 3) the North Carolina Department of Environment and
Natural Resources. S&ME provides observations based on field conditions at the time of
review, relative to Section 404/401 compliance.
Construction of the Reedy Creek Interceptor Project began as three separate construction
contracts in May 2009 and continues to date. Currently, approximately 98% of the
pipeline has been installed, with portions that have been temporarily stabilized, pending
completion. S&ME began reviewing the project corridor in June 2009 and continues to
do so, generally on a monthly basis. S&ME reviews stream and wetland crossings to
determine whether conditions, at the time of field review, are in general accordance with
the conditions of NWP No. 12 and WQC No. 3699. A field report is generated and
submitted to the client, contractors, and CMU following field review. Each construction
contract section, as indicated on the attached Figure 1, is discussed at the conclusion of
the project wide comments. To date, one compliance reports has been provided to the
3
Bank Stabilization and Additional Crossing SWE Project Number 1357-09-039
Reedy Creek Interceptor Project December 15, 2010
USACE which outlined common issues occurring project-wide and observations for each
individual contract.
From November 2009 to March 2010, the Reedy Creek Interceptor project was subject to
approximately 28 inches of rainfall, close to half of the expected yearly rainfall for
Mecklenburg and Cabarrus Counties. Consequently, during those months it was difficult
to maintain or install sediment and erosion controls measures, as was often noted in
S&ME's field reports. In general, the contractors were quick to respond to impacts from
heavy rains, and made efforts to address comments or concerns as soon as was feasible to
safely access the project corridor. Representative photos of high water events are
included as documentation (See attached High Water Event Photographs). As a result of
flooding and poor bank conditions at some of the permitted crossings, it became apparent
that bank stabilization was needed to protect the sewer under construction and that
removal of riprap installed as part of temporary crossings would serve to further
destabilize banks and negatively impact water quality through erosion.
S&ME has recommended to the client, contractor, and CMU to leave riprap at stream
crossings that may be subject to erosive high water events to prevent failure of the
crossings during construction, whether the riprap will be left permanently is a decision
pending concurrence from the USACE and DWQ regarding additional potential impacts.
At the request of the applicant, S&ME has reviewed each stream crossing along the
Reedy Creek Interceptor Project and offered recommendations regarding riprap removal
or bank stabilization measures as appropriate for each crossing. CMU, Woolpert, and the
individual contractors reviewed S&ME recommendations and provided additional
comments which have been incorporated into the requested bank stabilization impacts.
S&ME contacted Steve Chapin of the USACE and Alan Johnson of the DWQ in a series
of phone calls and email communications between May and September 2010 to discuss
bank stabilization at crossings where the removal of riprap would further degrade bank
conditions. Based on these conversations, the USACE and DWQ agreed to allow the
initially requested 9861f of bank stabilization, which has been reduced to 678 If, provided
that riprap is not placed beyond the toe of the slope and above the ordinary high water
mark (OHWM). The result of our conversations with the USACE, DWQ, the client, and
the permit applicant are outlined in the proposed revisions section below.
PROPOSED BANK STABILIZATION AND JUSTIFICATION
An additional 678 If of bank stabilization is requested to adequately stabilize stream
crossings in Mecklenburg and Cabarrus Counties, North Carolina (See Overall Map,
Figure 1). In Mecklenburg County, as a part of the Reedy Creek Outfall Contract (Figure
2), an additional 353 If of bank stabilization will be needed to adequately armor
crossings. In Cabarrus County (Figure 3), the remaining contracts will require an
additional 325 If of bank stabilization. In general, requested bank stabilization is already
in place and will not require installation of new riprap, except at crossings that are not yet
complete and where more than the originally permitted impacts is requested. In most
cases, removal of riprap would destabilize crossings that have already naturalized.
Bank Stabilization and Additional Crossing SBME Project Number 1357-09-039
Reedy Creek Interceptor Project December 15, 2010
One additional crossing of Crozier's Branch (S36) is addressed in this letter that was not
included in the original permit authorization package. The crossing of Crozier's Branch
will not require permanent riprap and is not addressed in the requested bank stabilization
linear footage, Table 1. This crossing is depicted as S36 on Figure 3. The result of stream
crossing review and recommendations for bank stabilization are outlined in the table
below.
Table 1: Requested Stream Bank Stabilization
Width of Original
Construction Construction Permitted Contractor/ CMU
Crossing Number Contract' Corridor feet Impacts (I r uested
Mecklenburg County
1- RPW, seasonal flow RCO 40 0 0
2 - RPW, seasonal flow RCO 60 13 51
3 - RPW, year-round flow RCO 55 11 51
4 - RPW, seasonal flow RCO 45 0 43
5 - RPW, year-round flow RCO 55 0 50
6 - RPW, year-round flow RCO 55 12 12
7 - RPW, year-round flow RCO 55 11 11
8 - RPW, year-round flow RCO 55 14 14
9 - RPW, year-round flow RCO 0 0 0
10 - RPW, year-round flow RCO 55 0 0
11 - RPW, year-round flow RCO 60 14 14
12 - RPW, year-round flow RCO 40 11 0
13 - RPW, year-round flow RCO 40 11 40
21 - RPW, year-round flow RCO 45 15 0
22 - RPW, year-round flow RCO 40 10 40
(Reed Creek)
23 - RPW, year-round flow RCO 50 0 0
(Reedy Creek) Access Rd
24 - RPW, year-round flow
RCO 50 10 50
(Reedy Creek Trib. No. 2)
25 - RPW, year-round flow
RCO 45 10 0
(Reedy Creek Trib. No. 2)
26 - RPW, year-round flow
(Reedy Creek Trib. No. 2) RCO 45 10 43
27 - RPW, year-round flow
RCO 55 10 30
(Reedy Creek)
28 - RPW, year-round flow
(Reedy Creek) RCO 55 11 43
29 - RPW, year-round flow
RCO 45 10 44
(Reedy Creek)
Subtotal: 183 536
Bank Stabilization and Additional Crossing SWE Project Number 1357-09-039
Reedy Creek Interceptor Project December 15, 2010
Cabarrus County
14 - RPW, seasonal flow UR 60 0 0
15 - RPW, seasonal flow UR 60 0 0
16 - RPW, year-round flow UR 60 14 35
17 - RPW, seasonal flow UR 60 0 0
18 - RPW, year-round flow UR 60 11 20
(McKee Creek
19 - RPW, seasonal flow UR 60 0 0
20 - RPW, year-round flow MR 60 13 10
30 - RPW, year-round flow
UR 60 10 48
(Crozier Branch)
31 - RPW, year-round flow
(Reedy Creek) UR 60 10 62
32 - RPW, year-round flow
(Reedy Creek) UR 60 10 62
33 - RPW, year-round flow
(Reedy Creek) UR 60 11 51
34 - RPW, year-round flow
(Reedy Creek) MR 60 11 71
35 - TNW, year-round flow
(Rocky River) GSFM 60 10 66
Subtotal: 100 425
Grand Total: 283 961
Bank Stabilization Amendment (If):
678
(Deducts original permitted permanent impacts)
RCO= Reedy Creek Outfall, UR= Upper Reedy, MR= Middle Reedy, FMGS= Gravity Sewer and Force Main
The majority of the proposed bank stabilization is within Mecklenburg County, a rapidly
developing area. Mecklenburg County has experienced a 40% increase in population in
the last 10 years, which translates into more roads, schools, and housing. The result is an
increase in impervious surface that causes rain to runoff more rapidly, thereby increasing
water velocity in local stream channels. According to a 2003 study by the U.S.
Department of Agriculture, Forestry Service, the impervious surface in Mecklenburg
County increased by 127% between the years of 1984 and 2001. If one assumes the rate
is approximately 6% a year since this study, an additional 44% impervious surface has
since been constructed in Mecklenburg County. Similarly, Cabarrus County is also
experiencing rapid growth. Between 1990 and 2000 the population in Cabarrus County
grew by 33% with an additional 36% increase predicted between 2000 and 2010 (2008,
Cabarrus Community Planning Council). Thus, adjacent land development and resulting
increased impervious surface are subjecting the tributaries along the Reedy Creek
corridor to tremendous stormwater influence during heavy rain events, the result of which
is highly eroded, unstable channels (See Attached Contractors Photos).
S&ME, CMU, and the contractors have reviewed each crossing to determine crossings
that may need additional stabilization. Factors considered included soil type, channel
condition, channel incision, and possible exposure to high velocity water (large channels
Bank Stabilization and Additional Crossing SWE Project Number 1357-09-039
Reedy Creek Interceptor Project December 15, 2010
and/or adjacency to development). In Mecklenburg County, large crossings of Reedy
Creek and Reedy Creek Tributary No. 2 (Streams 22-29) will remain armored with riprap
along the banks due to highly eroded channel condition and frequent flooding. The
remaining streams, Streams 2-6, Stream 8, Stream 11, and Stream 21 will remain
armored due to adjacency to development, high stormwater flow, and observed active
erosion adjacent to the crossing (See Figure 2 for locations of Mecklenburg County
Stream Bank Stabilization Crossings). In Cabarrus County, most of the channels that
have bank armament are large perennial channels subject to stormwater flooding,
including several crossings of Reedy Creek (Streams 31-34), one crossing of McKee
Creek (Stream 18), and the Rocky River (Stream 35). The remaining streams, Stream 16
and Stream 20, require additional bank stabilization based on erosion and high
stormwater flow (See Figure 3 for locations of Cabarrus County Stream Bank
Stabilization Crossings). It should be noted that no riprap will be placed above the
ordinary high water mark or on the bed of affected streams. The remaining portions of
the armored streams throughout the project corridor are currently stabilized with native
herbaceous vegetation and permitted riprap as appropriate.
In summary, within Mecklenburg County 15 streams will remain armored with riprap
along the banks for a total of 353 If. These streams are either large channels receiving
run off from adjacent development and input from tributaries, or are smaller streams
directly adjacent to development where erosion has been observed. In Cabarrus County,
bank armament is limited to large perennial channels that receive water from runoff and
are influenced by stormwater upstream in Mecklenburg County. For both counties,
riprap has not been placed beneath the OHWM and portions where riprap has not been
placed are stabilized with herbaceous vegetation. In Mecklenburg County, a planned
crossing is necessary for project completion, located west of Plaza Road Extension that
was not included with the original NWP No. 12 authorization package. The additional
crossing will not result in riprap within the streambed or beneath the OHWM and natural
channel stabilization techniques will be employed, e.g. matting and seeding to stabilize
banks.
7
Bank Stabilization and Additional Crossing SWE Project Number 1357-09-039
Reedy Creek Interceptor Proiect December 15, 2010
Thank you for you assistance with and consideration of this matter. Please feel free to
contact us with comments, or if we can provide additional information.
Sincerely,
S&ME
Crystal Fox
Natural Resources Staff Professional
D. David Homans
Natural Resources Project Professional
Senior Review By: Julie Bennett-Hudel, P.G., LEEDO
Attachment I - Figures
Figure I - Reedy Creek Construction Contracts
Figures 2 and 3 - Stream Bank Stabilization Location Maps
Attachment 11 - Photos
High Water Event Photographs, Supplied by Contractors
Representative Site Photographs, S&ME
References:
2008, Cabarrus Health Alliance Healthy Cabarrus and United Way of Central Carolinas.
Cabarrus County Community Needs Analysis, pp 1-66.
2003, American Forests. Urban Ecosystems Analysis, Mecklenburg County, pp 1-9.
cc. Mr. Paul Smith, P.E.; Woolpert Engineering
Mr. Alan Johnson, DWQ, Mooresville Regional Office
cjf/DDH/PS/cjf 1357\PROJECTS\2009\07-039 Reedy Creek Interceptor Permit Compliance\Permit Modification\Bank
Stabilization
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 20080739 County: Mecklenburg/Cab. U.S.G.S. Quad: Mint Hill/Harrisbure/Cone
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Charlotte-Mecklenburg Utilities Dept.
Address: 5100 Brookshire Blvd.
Charlotte, NC 28216
Telephone No.:
Property description
Size (acres) N/A - Linear Nearest Town Charlotte
Nearest Waterway Reedy Creek River Basin Yadkin
USGS HUC Coordinates N 35.241 W 80.716
Location description Reedy Creek Interceptor proiect located in Cabarrus and Mecklenbure Counties alone Reedy
Creek and crossing 1485 south of Harrisburg.
Indicate Which of the Following Applv:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetland on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Steve Chapin at (828) 271-7980 x224.
C. Basis For Determination
Cozier Branch>Reedy Creek>Rocky River>Yadkin River which is navigable-in-fact at Blewett Falls dam.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Steve Chapin, Project Manager,
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 6/2/08.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: 5?? C=Ji.c
Date 04/02/2008 Expiration Date 04/02/2013
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit
http://www.saw.usace.army.mil/WETLANDS/index.html to complete the survey online.
O?0F wAT F9 Michael F. Easley, Governor
r William G. Ross If., Secretary
North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
June 26, 2008
DWQ# 08-0715
Mecklenburg County
Cabarrus County
Mr. Dennis Gwaltney
Charlotte/Mecklenburg Utilities
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject: Reedy Creek Interceptor, Charlotte
APPROVAL of-401 Water Quality Certification with Additional Conditions
Dear Mr. Gwaltney:
_ You have our approval, in accordance the general certification and those conditions listed
below, to impact/fill 1.6 and 0.075 acre of wetland (temporary and permanent, respectively) and
impact 2224 linear feet (If) of stream (283 If, permanent; (183 If, Cabarrus County; 100 If,
Mecklenburg County)) in order to construct the sewer line in Mecklenburg and Cabarrus Counties, as
described in your application received by the Division of Water Quality (DWQ) on April 21, 2008 and
subsequent information received on June 25, 2008. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3699, which
can be viewed on our web site at http://h2o.enr.state-nc.us/ncwetlands. The General Certification
allows you to use Nationwide Permit Number 12 once it is 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 Certification will expire when the associated 404 permit expires 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.
?o One
N Carolina
aturallil
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet ncwaterqulaity.org FAX (704) 663-6040 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper
2. It appears that construction of the new sewer line may result in additional development within
several parcels. The cumulative impacts for this project must be adequately addressed. To
address this concern prior to allowing access to the system an on-site storm water management
measures (such as level spreaders, bioretention or constructed wetlands) shall be required in
accordance with DWQ rules and regulations for those parcels when they are developed.
However, the Division is open to other approaches that would protect downstream water quality
from cumulative impacts.
3. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion
of the installation, water flow shall be returned to its natural course. Existing stream dimensions
(including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or
restored via constructed benches) above and below locations of each culvert. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if
the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly.
4. 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.
5. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not
be placed in the streambed, unless approved by the DWQ.
6. 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.
7. 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.
8. 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.
9. 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.
10. Continuing Compliance. The applicant (Charlotte/Mecklenburg Utilities) 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
Central Files
File Copy
Suzanne Knudsen, S&ME
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Stream 35 Crossing
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Photo 1: View Stream 35, Rocky River Crossing. High
water event on January 27, 2010.
Photo 2: View facing Hickory Ridge Road, from
approximately 114+00. High water event on January
26, 2010.
Please note these photos were supplied by individual contractors
Taken by: Contractors HIGH WATER EVENT PHOTOGRAPHS
Checked by: EMW Aft Reedy Creek Interceptor
;iz> L
Mecklenburg County, North Carolina
ME
Dates: 01.22.2010
Project No.: 1357-09-039 Photo Page 1
02.15.2010
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Plaza Road Extension. Note soft stabilization techniques.
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Photo 3: View of conditions of Stream 3 immediately
upstream of project crossing. Note unstable bank and
undermined tree.
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Photo 2: View facing upstream at Stream 3. Note bank
armament.
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Photo 4: View of Stream 28, Reedy Creek crossing. Note
bank stabilization.
Photo 5: View of conditions immediately downstream of Photo 6: View facing upstream at Stream 26, Reedy
crossing, note bank undercut. Creek, crossing. Note naturalized area over armament.
Taken by: CJF/DMP REPRESENTATIVE SITE PHOTOGRAPHS
Checked by: EMW Reedy Creek Interceptor Project
--
&ME S&ME Project No. 1357-09-039
Mecklenburg County Crossings
Dates: See Photo
Project No.: 1357-09-039 Photo Page 1 of 3
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Photo 7: Conditions immediately downstream of Stream 26
crossing. Note bank undercut.
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Photo 9: Conditions immediately upstream of Stream 29
crossing. Note bank scour.
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Photo 11: View of Stream 18 immediately upstream of
the project crossing. Note bank scour.
Taken by: CJF
Photo 10: View of Stream 18, McKee Creek, crossing,
note naturalized armament.
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Photo 12: View facing upstream of Stream 30, Crozier
Branch, crossing.
REPRESENTATIVE SITE PHOTOGRAPHS
Checked by: EMW Reedy Creek Interceptor Project
--
&ME S&ME Project No. 1357-09-039
Mecklenburg and Cabarrus County Crossings
Dates: See Photo
Project No.: 1357-09-039 Photo Page 2 of 3
Photo 8: View of Stream 29, Reedy Creek, crossing.
Note bank armament.
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Photo 13: Conditions immediately upstream of Stream 30 Photo 14: View of Stream 31 crossing.
crossing. Note bank scour.
Photo 15: View of Stream 32, Reedy Creek, crossing.
Note naturalized area over armament.
Photo 16: View of Stream 32 immediately upstrea
project crossing. Note proximity of meander to pi
crossing. Bank stabilization is necessary to preve
future scour due to movement of the meander.
a?
Photo 17: View of Stream 34, Reedy Creek, cross
Note naturalized area over bank armament.
Taken by- CJF/DMP
Photo 18: View immediately upstream of Stream 34, note
bank scour.
REPRESENTATIVE SITE PHOTOGRAPHS
Checked by: DDH Reedy Creek Interceptor Project
q S&ME Project No. 1357-09-039
Cabarrus County Crossings
Dates: See Photo
Project No.: 1357-09-039 Photo Page 2 of 3