20090308 Ver 1_Certified Return Receipt_20090415

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 15, 2009
CERTIFIED MAIL 7007 1490 0004 4509 6697
RETURN RECEIPT REQUESTED
I
Mr. Isaac Hinton
Charlotte Storm Water Services
600 East Fourth Street
Charlotte, NC 28202
SUBJECT: Proposed Widening of Freedom Drive, Charlotte, Mecklenburg County, DWQ #09-0308
Dear Mr. Hinton:
The Division of Water Quality (DWQ) has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application, in association with a site visit on April 7,2009, revealed it
is lacking the necessary information required for making an informed permit decision. The permit application
was deficient in the following areas:
Proposed'permanent impacts to Stream A (Paw Creek) total 270 linear feet (If) (110 If feet for double box
culvert extension and 160 If for riprap inlet and outlet protection). The existing structure is a perched,
double box culvert. Low or normal stream flow is currently conveyed through only one of the existing
culverts. The additional, or flood/high flow, culvert contains a sill, which is at an elevation approximately
one (1) foot higher than the existing perched, low flow culvert elevation. It is DWQ's understanding that the
existing double box culvert will be replaced and the new, larger double box culvert will be properly buried in
the streambed in order to correct the perched pipe condition. DWQ is concerned that the installation of the
double culverts will cause an overwidening of the existing stream. Please provide details on how you
propose to maintain the natural stream dimension.
The culvert replacement/extension on Stream A proposes 56 If of riprap at the inlet of the culverts and 104
If of riprap at the outlet of the culverts. DWQ staff is requesting that additional avoidance and minimization
measures be investigated at this site. Proper culvert burial (as indicated above) should result in reduced
streambed scour and therefore a reduction in the amount of riprap required as inlet/outlet protection. In
addition, the construction of floodplain benches at the inlet and outlet of the culverts will reduce the amount
of stream impact and provide a reduction in City's stream mitigation costs. Construction of floodplain
benches will also maintain the stream's natural dimension and profile as required (and discussed above).
V ,
Please' provide the proposed slope of the new'culverts on Stream A.

Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623.6748
Internet:v .ncaaterqualty.org
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NorthCarolina
Alatimally
Mr. Isaac Hinton
Page Two
• The application indicates that stream impacts were minimized on Stream B through the use of 2:1 slopes
adjacent to the stream. Discussions while on site indicate that the fill slopes may be approximately 20 feet
above the existing streambank elevation. Please provide details on how you plan to properly stabilize
these slopes in order to prevent bank erosion or sloughing during and after construction.
.Please provide details on how you plan to address stormwater discharges associated with this project.
Where possible, stormwater should not be discharged directly into the stream or onto the streambanks (to
prevent erosion).
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 writing, 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 Quality, 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 Polly Lespinasse at [phone].
Sincerely,
for Coleen H. Sullins
Director
cc: Steve Chapin, US Army Corps of Engineers, Asheville Field Office
Sonia Gregory, DWQ Central Office
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