20180712 Ver 1_Approval Letter_20180718

NOR7H CAROiINA
ROY COdPER fnvtronmenror Qrurlty
�ilW1YBM
MICHAEL S. REGAN
Sec,rrarv
LINDA CULPEPPER
rnrerim Direiror
July 18.2018
Mecklenburg County
N CD W R Project No. 20180712v.1
Rockv River Road West
SCreetscape
APPROVAL of 401 WATER QUAUTY CCRTIFICATION, with ADDITIONAL CONDITIONS
Mc Stephen Tosco
City of Charlotte
600 E. 4'" Street
Charbtte, NC 28203
Dear Mr. Tosco:
You have our approval, in accordance with [he conditions listed below, for the following impacts for the purpose of
the Rocky River Road West Streetscape Project in Mecklenburg County:
Stream Impacts in the Yadkin-PeeDee River Basin
Permanent F11 Permanent Fill Tem�w�ary FII Totai Strcam Stream Impects
Si[e �n Intermittent in Perennial in Perennial � �t Requiring
Strcam Stmam SMeam � Mitigation
Qinear fr) pinear k) (linear ft) (��near ft) ���near ft)
StreamA (relocation) 196 37 233 0
StreainC�Culvert installation� 100 31 131 0
0 0
0 0
TOTAL U 296 68 364 0
To[al Stream Impac[ for Projech 36a linear feet.
Impacts requiring Mitiga[ion: 0 linear feet
The project shall be constructed in accordance with your application dated received May 23, Z018. After reviewing
your application, we have decided [hat these impac[s are covered by General Water Quality Certification Number
4135. This certification corresponds to [he Na[ionwide Perniit 14 issued by the Corps of Engineers. In addi[ion,
you should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
,::.�.� � Q�,�
North Carolina Department of Envimnmental Qualiry I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919707.9000

will expire wi[h the accompanying 404 permi[.
This approval is valid solely for the purpose and desi;n described in }�our applica[ion (unless modified below).
Should your project chanse, you mus[ notiYy [he NCDWR and submi[ a new application. If the property is sold. [he
new owner must be eiven a copy of this Certitica[ion and approval letter, and is thereby responsible lor complying
with all thz condi[ions. Iftotal wedand fills for [his project (now or in the hiture) exceed one acre, or of [otal
impacts to s[reams (now or in the future) exceed I50 linear fee[, compensatory miti;ation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval ro remain valid, you must adhere to the
conditions listed in the a�tached certification(s) and any additional conditions listed below.
Condition(s) of Certifica[ion:
Project Specific Conditions
l. Unless otherwise approved in this certification, pl�cement of culvens and other structures in open �vaters
and streams. shall be placed below the elevation of the s[reambed by one foot for all culverts with a
diameter oreater than 48 inches. and 20 percent of �he eulvert diameter for culverts having a diameter less
than 48 inches, to allow low Flow passage of wa[er and aquatic life. Desi;n and placemznt of culverts and
o[her structures including temporary erosion control measures shall not be conducted in a manner that may
result in dis-eyuilibrium of wetlands or streambeds or banks, adjacent [o or upstream and down stream of
the above struc[ures. The applicant is required to provide evidencc that tlie equilibrium is being.
maintained if requested in wri[ine by the NCDWR. Ifthis condition is unable to be met due to bedrock or
o[her limitin, features encountered during construction, please contact the NCDW R for guidance on how
ro proceed and to detemiine whe[her or not a permit modilication will be required. (I SA NCAC
02H.0506(b)(2)�
2. If multiple pipes or barrels are required, they shall be desiened to mimic natural sVeam cross section as
closely as possible includine pipes or barrels at flood plain eleva[ion and/or sills where appropriate.
W idening [he stream channel should be avoided. Stream channel widening at the inle[ or oullet end of
structures typically decreases water velocity causine sediment depos'ition that requires increased
maintenance and disrup[s aqua[ic life passaee. [ISA NCAC 0?H.0�06(b)(3)]
3. Riprap shall not be placed in [he active thahve� channel or placed in [he stmambed in a manner that
precludes aquatic Iife passaae. Bioeneineerin�, boulders or structures should be properly desi_ned, sized
and installed. [ISA NCAC 02M.0506(b)(2)]
4. Native stream bed material shall escavared. retained, and s-tored separately from other stockpiled material for
use to restore the relocated streambed to proper elevation that allows for aquatic passage. [ I SA NCAC
021i.0 i0G(b)(2 )]
5. For [he 68 linear feet of streams being impacted due [o sile dewaterine activities, the site shall be ;raded to
its preconstruction con[ours and reveeetated with appropriate native species. [ I SA NCAC
02H.0506(b)(2)]
6. The stream channel shall be excavated no deeper than the natural bed material of the streain, to the
maximum ex[en[ practicable Efforts mus[ be made to minimize impacls to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stabili[y. Any applicable riparian buffer impact for
aceess to stream channel s'hall be temporary and be revegetated wi[h na[ive riparian species. [ I�A NCAC
02HA506(b)(20)]
7. The pertnit[ee shall visuall}' monitor the veee[a[ive plantines to assess and ensure cmnplete stabilization of
the mitigation stream segments. The monitorine shall he wnducted annually for a minimum of ; years
after final plantin�. Photo documentation shall be u[ilized to document Ihe success of the riparian
D_E Q"`
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North Carolina Department of Enviionmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-16P
919.707.9000

vegetation and submitied to the NCDWR in a final report wi[hin sixty (60) days aher compleCing
monitoring. After 3 years [he NCDOT shall contact [he NCDWR [o schedule a site visi[ to "close out" [he
mitigation site.
8. All channel relocations will be construc[ed in a dry work area and s[abilized before stream flows are
diverted. Channel relocations will be completed and stabilized, and must be approved on site by NCDWR
s[aff, prior to diverting wa[er into [he new channel. Whenever possible, channel reloca[ions shall be
allowed to stabilize for an entire �rowing season. Vegetation used for bank stabilization shall be Iimited to
native woody species, and should include establishment of a 30 foot wide wooded and an adjaceN 20 Foot
wide veee[ated buffer on both sides of the relocated channel to the maximum extent practical. All stream
banks shall be matted with coir tiber matting. Also. rip-rap may be allowed if it is necessary to maintain
[he physical in[e�rify of the stream, but the applican[ must provide written jus[ification and any
calculations used to determine the extent of rip-rap coverage requested. Once the stream has been tumed
into [he new channel, it may be necessary to relocate s[randed fish to the new channel ro preven[ fish kills.
[ISA NCAC 02H .0506(b)(3)
General Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of die streambed by one foot for all culverts with a
diameter �reater than 48 inches, and ?0 percent of the culvert diameter for culvens having a diameter
less than 48 inches, to allow low Flow passaee of water and aquatic life. Design and placement of
culverts and other structures inclodine [emporary erosion control measures shall no[ be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above svuctures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this wndition is unable to be met
due ro bedrock or other limiting feamres encounrered during construction, please contact NCDWR for
guidance on how [o proceed and [o determine whether or not a perniit modifica[ion will be required.
[15A NCAC 02H.0506(b)(2)]
2. If concrete is used durin� construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream watec Water that inadvertendy con[acts uncured concre[e shall
not be discharged ro surface waters due to the potential for elevated pH and possible aqua[ic life and
fish kills. [ISA NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [I SA NCAC 02H.0506(b)(2)]
4. The dimension, pattem and profile of the stream above and below the crossing shall not be modified.
Dis[urbed floodplains and streams shall be restored [o natural geomorphic conditions. [ I SA NCAC
02F1.0506(b)(2)]
5. The use of rip-rap above the Nortnal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage. [ISA NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approvaL [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and
(c)(�)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
,�. � Q�,�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699�1617
919.707.9000

such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [ I SA NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be opera[ed from the banks ra[her than in the stream channel in order to
minimize sedimentation and reduce Ihe introduction of other pollu[ants inro [he s[ream. [ I SA NCAC
02H.0506(b)(3)]
9. All mechanized equipmen[ operated near surface wa[ers must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic flaids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by [his
certification. [15A NCAC 02H.0506(b)(3)]
1 I. Discharging hydroseed mixtures and washin� out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)�
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State wa[er
quality standards (including any requirements resulting from compliance with §303(d) ofthe Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that
such standards or laws are not being met (including the failure to sustain a designated or achieved use) or
[hat State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [ISA NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [I SA NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site a[ all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project manager. jISA NCAC 02H .0507(c) and 15A NCAC 02H
0506 (b)(2) and (c)(2)]
I5. The ou[side buffer, wetland or water boundary located within the cons[ruc[ion corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land dis[urbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [ISA NCAC 02H.0501 and .0502]
l6. The issuance of this certification does not exempt the Permittee from complying with any and all stamtes,
rules, regulations, or ordinances that may be imposed by other govemmen[ agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation con[rol requirements, etc.
U. The Permit[ee shall report any violations of this certification ro[he Division of Water Resources within
24 hours of discovery. [I SA NCAC 02B.0506(b)(2)�
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the Ciry of
Charlotte shall complete and return the enclosed "Certification of Completion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [I SA NCAC 02H.0502(�]
9. N Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) must be reestablished in the
riparian areas within the constroction limits of the project by the end of the growing season following
completion ofconstruction. [ISA NCAC 02B.0231(b)(6)]
��,.., � Q��
North Carolina Department of Envlronmental Quality �, Dlvlsion of Water Resources
512 North Salisbury Street I 1617 Mail Service Center ��. Raleigh. North Carolina 27699-16ll
919.7W.9000

I9. There shall be no excavation from, or waste disposal into. jurisdictional wetlands or waters associated
with this permit wi[hout appropriate modifica[ion. Should waste or borrow sites, or access roads [o waste
or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direci impact from road construc[ion activities.[ISA NCAC 02H.0506(b)(3) and (c)(3)]
20. Erosion and sediment con[rol practices must be in full compliance with all specifica[ions goveming the
proper desien, installation and operation and maintenance of such Best Management Practices in order to
protect surface wa[ers standards [I SA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in acwrdance with the most recent version of the North Carolrno Sediment and
Erosion Conlrol Plannrng and Design h9an:rul.
b. The design, installalion, 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 Curolina Sedimeni und Erosion Conunl Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pi[s associated wi[h Ihe project.
c. For borzow pit sites, the erosion and sediment control measures mus[ be designed, installed,
operated, and main[ained in accordance with the most recent version of the North Carolrno Sarface
Mining M�rnunl.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of [he Sedimentation Pollution Control Ac[.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must tile a petition for an administrative
hearing. You may obtain tlie petition form from the office of Administrative hearings. You must file the petition
with the office of Adminisvative Hearings within sixty (60) days of receipt of this no[ice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal oflice hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the pe[i[ion must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Heazings within five (5) business days following the faxed transmission.
The mailing address for [he Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-671a
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mc Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
o:�,..�� Q�,�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center I Raleigh, North Carolina 27699d617
919.707.9000

This letter completes [he review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Donna Hood at [phone] or donna.hood@ncdencgov.
incerely, �
� � �� + �'s K
Linda Culpepper, Interim Director
Division of Water Resources
Elec[ronic copy only distribution:
Stephen Tosco, City of Charlo[te
David Shaeffec US Army Corps of Engineers, Charlotte Field Office
Byron Hamstead, US Fish and Wildlife Service
Donna Hood, NC Division of Warer Resources Mooresville Regional Office
File Copy
.:.,.::,�:._..� Q�,�
North Carollna Department of Environmental Quality I Division of Water Resources
512 North Salisbury St/ee[ I 1617 Mail Service Center I Raleigh, North Caroiina 27699-1617
919707.9000

ROY COaPER
e����
MICHAEL S. REGAN
Secr�tary
LtNDA CULPEPPER
lrtle�vn O+rerrar
NOR1 H GARUiINA
EnWronnrenta! Qr�atlfy
NCDWR Project No.:
Applican[:
Projec[ Name:
County:
Date of Issuance of 401 Water Qualih� Certification:
Certificate of Completion
Upon completion of all work approved within [he 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Rzsources. 1617 Mail Service Cen[er, Raleigh. NC, 27699-1617. This form
may be re[umed to NCDWR by tlre applicant, [he applican[�s authorized agen[, or [he project engineec It is not
necessary to send certificates from all of'these.
ApplicanYs Cerlifrca(inn
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observa[ion ofthe cons[ruction such [hat the construc[ion was observed to be built wi[hin substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Si;nature: Date:
Agenl's Cerlificatinn
I, , hereby s[a[e [hat, to [he best of my abilities, due care and diligence
was used in the observation of [he construc[ion such that the construction was observed ro be buil[ within substantial
compliance and intent of the 401 Wa[er Quality Certitication and Buffer Rules, the approved plans and
specifications, and other supportin, materials.
Si�na[ure:
Engineer's Ce�lifica7ion
Partial Final
1, , as a duly registered Professional Engineer in the Sta[e of North
Carolina, having been authorized to observe (periodically, weekly, full time) the cons[ruc[ion of the projec[ for the
Permit[ee hereby sta[e [hat, [o the bes[ of my abili[ies, due care and diligence was used in the observation of the
consVuction such ihat the construction was observed fo be built within substantial compliance and intent of the 401
Warer Qualiry Certification and But%r Rules, the approved plans and specitications, and other supportina ma[erials.
Signamre
Date
Registration No.
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North Ca�olina Department of Environmental Quality �i Drvision of Water Resources
512 North Salisbury St�eet I 1617 Mail Seivice Center I Raleigh. North Carolina 27699-1617
919707.9000