201801106_NOV2018FK0003_RESPLTR_20180820

Charloge�Mecklenburg
STORM
Mil WATER
Services
Mr. Wes Bell, Senior Environmental Specialist
North Carolina Department of Environmental Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
August 16, 2018
Mr. Wes Bell:
600 East Fourth Street
Charlotte, NC 28202
RECEIVEDINCDENRIDWR
AUG 2 0 2018
WQROS
MOORESVILLE REGIONAL OFFICE
This letter is in response to NOV-2018-FK-0003. For the purposes of this letter, "City" will refer
to the City of Charlotte and "Contractor" will refer to United Construction Company, Inc., the
contractor responsible for structural repairs to the dams at Marlwood Pond and Waverly Pond.
The project plan for Marlwood Pond did not include transferring fish. The design relied on pools
within the pond that would be deep enough to ensure fish survival during the construction repair.
The amount of sedimentation that took place since the bathymetric survey was completed for the
pond design was excessive (approximately 2 feet) and not anticipated.
As requested, the actions taken to address the incident and all efforts to prevent the recurrence of
any similar future incidents are described below.
The Contractor informed the City that on Sunday, July 15 at 9:00 am, the Contractor noticed that
the bottom of Marlwood Pond was unexpectedly exposed in several areas, and that he
immediately stopped the drawdown and started refilling it with water from Waverly Pond just
upstream. Marlwood Pond had been refilled by 3:00 pm to sustain the remaining fish population.
On Monday, July 16, the City reported the event to NCDEQ, requested Mecklenburg County
Water Quality to conduct a fish kill survey, and began working with a spill response contractor
to determine fish clean up procedures. On July 17, the City's spill response contractor removed
deceased fish.
On Wednesday, July 18, the Contractor's lake management sub -contractor began installing an
aeration system, removing the few remaining dead fish, and transferring over 4,400 living fish to
Waverly Pond. On Monday, July 23, the fish transfer was complete.
To remediate the fish lost in Marlwood Pond, the City has communicated with you and
Lawrence Dorsey, the District 6 Fisheries Biologist with North Carolina Wildlife Resources
To report pollution or drainage problems call 311
http://StormWater.CharMeck.org
CILUnUTTE m

Commission, regarding requirements and recommendations. Once construction is complete for
Marlwood Pond, the City will work with a professional pond management company to restock
the pond with fish species at rates recommended by the North Carolina Wildlife Resources
Commission for this pond. The fish will also be from a hatchery recommended by the NC
Department of Agriculture and Consumer Services.
To ensure a similar incident does not occur when construction starts on Waverly Pond, the City
has requested Mecklenburg County Water Quality staff to update the bathymetric survey. The
construction contract specifies that the Contractor shall notify the City's Construction Inspector
prior to initiating the drawdown operation. The City will also work with a professional pond
management company to provide aeration services and fish relocation to a local pond at Colonel
Francis Beatty Park. A stocking permit and approval for transportation activities has been
obtained from the North Carolina Wildlife Resources Commission.
To prevent the recurrence of similar incidents at future pond projects, the City will request
Mecklenburg County Water Quality staff to verify bathymetric surveys that are older than two
years. If the survey and design indicate fish mortality may be an issue, the City will work with a
contractor to develop a fish transfer plan and ensure a permit and transportation activities are
approved by the North Carolina Wildlife Resources Commission prior to dewatering activities.
If you would like more information or to discuss our action plan further, please do not hesitate to
call me at [phone] or Kristen O'Reilly at [phone].
Sincerely, p
CCA r 0 we X C,
for Marc Recktenwald
Surface Water Quality and Environmental Permitting Program Manager
City of Charlotte, Storm Water Services
Cc: W. Corey Basinger, NCDEQ, Regional Supervisor
Mike Davis, City of Charlotte, City Engineer
Kruti Desai, City of Charlotte, Storm Water Services Division Manager
Karen Weatherly, City of Charlotte, Senior Assistant City Attorney
Art Montameni, United Construction Company, Inc., Owner