20121146 Ver 1_Approval Letter_20130315

PR
j 4 %4
North Carolina Department of Environment and Natural Resources
Dlvisioo of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
March 15, 2013
DWQ #:12 -1146
Mecklenburg County
Charlotte - Mecklenburg Storm Water Services
Attn: Isaac Hinson
600 East Fourth Street
Charlotte, NC 28202
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Parkwood Storm Drainage Improvement Project
USACE Action ID. No. SAW- 2012 -01562
Dear Mr. Hinson:
Attached hereto is a copy of Certification No. 3954 issued to Charlotte - Mecklenburg Storm
Water Services dated March 15, 2013. 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 Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings. A
petition form may be obtained from the Office of Administrative Hearings at
http: / /www.ncoah.com/ or by calling (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, a petition must be filed with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Wetlands Buffers, ,tormwater — Cowphanre a -d °,rm tting (VyphscapP) Unit One
1650 Man 'price r nler, Raleigh, Norfh r arol,na 17699 1650 NorthCarol ina
Phone n 512 Po Sahsb�. A St 19-V Raiegh, North Das, c is 27604 Nat,111911y
Fhond ) i8$07 -� 'Of 1 � A'! 919 -f'�7 X4941 Cnslc ier S °Nh, i 977- f�7 -G / ",�
Int 'ne' ..,w% ncv or,;

Parkwood Storm Drainage Improvement Project
DWQ # 12 -1146
Page 2 of 8
March 15, 2013
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact me at karen.higgins @ncdenr.gov or 919 - 807 -6360 if you
have any questions or concerns.
Sincerely,
Koji
Karen Higgins, Superv'
Wetlands, Buffers, Stor water —
Compliance & Permitting Unit
cc: Amanda Jones, U.S. Army Corps of Engineers, Asheville Regulatory Field Office
DWQ MRO 401 files
Thomas Blackwell, Carolina Wetland Services, Inc., 550 East Westinghouse Blvd.,
Charlotte, NC 28273
File Copy
File name: 121146CMSWSParkwoodStormDrainageimprovements (Meckienburg)_401_IC.docx

Parkwood Storm Drainage Improvement Project
DWQ # 12 -1146
Page 3 of 8
March 15, 2013
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3954 is issued in conformity with the requirements of Section 401, Public
Laws 92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in
15 NCAC 02H.0500 and 15A NCAC 02B.0200, to Charlotte - Mecklenburg Storm Water
Services, who have authorization for the impacts listed below, as described within your
application received by the N.C. Division of Water Quality (Division) on December 27, 2012
with additional information received March 8, 2013, and by Public Notice issued December
28, 2012 by the U. S. Army Corps of Engineers and received by the Division on December 28,
2012.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
707 (linear feet)
595 (linear feet)
2. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the City of Charlotte Umbrella Stream and
Wetland Mitigation Bank (Bank) to meet this mitigation requirement. Until the Bank
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 the Bank to meet the following
compensatory mitigation requirement:
Compensatory Mitigation Required River and Sub -basin Number
Stream 1 195 (linear feet) I Catawba 03050103

Parkwood Storm Drainage Improvement Project a
DWQ it 12 -1146
Page 4 of 8
March 15, 2013
3. 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 Pre - Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
4. 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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.

J
Parkwood Storm Drainage Improvement Project
DWQ # 12 -1146
Page 5 of 8
March 15, 2013
7. An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http:Hportal.ncdenr.org/web/­wq/ws/­`su/npdessw#tab-w.
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.
9. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be constructed in the dry and water shall
not be turned into the new channel until the banks are stabilized. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and /or plastic twine shall not be used in
wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual.
10. Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams msut 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
low flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA- designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.

Parkwood Storm Drainage Improvement Project ,
DWQ # 12 -1146
Page 6 of 8
March 15, 2013
11. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
12. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
13. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and /or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
14. Any riprap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
15. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
16. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.

Parkwood Storm Drainage Improvement Project
• DWQ# 12 -1146
Page 7 of 8
March 15, 2013
17. Charlotte - Mecklenburg Storm Water Services shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. If the Division 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,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Charlotte - Mecklenburg Storm Water Services and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and
provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or
revised conditions shall be provided to Charlotte - Mecklenburg Storm Water Services in
writing, shall be provided to the U.S. 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.
18. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
as part of the Certification. If you change your project, you must notify the Division and you
may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this Certification and is responsible
for complying with all conditions. Any new owner must notify the Division and request the
Certification be issued in their name.
19. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http• / /portal ncdenr ore/ web /wa /swp /ws/ 401 /certsandPermits /apply /forms).
20. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.

Parkwood Storm Drainage Improvement Project
DWQ# 12 -1146 a
Page 8 of 8
March 15, 2013
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the-date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
This the 15th day of March 2013
DIVISION OF WATER QUALITY
�n
AU ij
Charles Wakild, P. E.
Director
3954