20211566 Ver 2_Compliance Inspection Letter_20240711

Homewood, Sue
From: Homewood, Sue
Sent: Thursday, July 11, 2024 5:03 PM
To: Harbour, Jeff W; [e-mail]
Cc: Greer, Emily C CIV USARMY CESPL (USA); Dailey, Samantha J CIV USARMY CESAW
(US); Pitner, Andrew
Subject: Non -Compliance Status of 77 Beltway - Mecklenburg County - DWR#20211566v2,
DWR#20211566v3 and DWR#20240537
Attachments: IMG_5420-stream relocation tie-in.JPEG; IMG_5424-stream relocation -constructed
riffle.JPEG; IMG_5426-temp sewer xing.JPEG; IMG_5433-stream relocation
overview.JPEG; IMG_5435-culvert to bmp.JPEG
Jeff,
As noted during my site inspection on July 3, 2024, the current construction activities are not currently in
compliance with the 401 Certification issued by DWR for the first Phase of this project.
Specifically:
1. The stream relocation impact, T8, above the box culvert did not match the plans that were submitted and
approved.
a. A significant elevation change was present at the channel tie-in location where a submar mat was
present.
b. The constructed riffles were not functioning as flowing riffles and riprap was present above the bed
elevation.
c. Aquatic passage was not present in the channel between the tie-in location and the culvert inlet.
d. Backwater conditions were present at low flow conditions above the tie-in/submar matting.
2. At the culvert installed for access to the BMP, the riprap installed above the culvert inlet was above the
natural channel bed and a natural channel was not present.
3. For the restoration of the stream channel at the utility crossing immediately downstream of the box culvert:
a. The re-established channel width does not match the natural channel width (too narrow/fill in
channel)
b. The stream banks had not been stabilized / no erosion control protection was provided.
As we discussed while on site, it will be necessary to rectify these non-compliance situations. For item #1 above,
please provide a proposed resolution plan for Division review. For Items #2 and #3 above, please take action to
resolve these situations (immediately for Item #3) and provide photos of the areas after restoration.
Please note that the 401 application for 77 Beltway Building B will be placed on hold until receipt of a non-
compliance resolution plan. As we discussed on site, the Division has not yet reviewed the additional information
submitted on June 28 and additional comments may be forwarded once the response has been reviewed in detail
however I provided some initial/preliminary input when on site and if you want to supplement your current
application you may do so at any time.
Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources

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