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Home My WebLink About20141294 Ver 2_2015-01-22_NCDWR_approval_20180822�� C�ro� � C��rr��. ��r�� iir�� r��r�� r��i��r��: ��r�� I ��a�� n�€� v�r� c�er 11��r� ��c��e��r�r January 22, 2015 Ivlecklenburg County NCDWR Project No. 20141294v.1 Orr Road Extension Project City of Charlotte ,. . ,, ,� .�, � -, � �. ; � :� ,�, �., •� �� ,� �: � ��_ � ��- � Mr. Isaac Hinson, PWS City of Charlotte 600 E. Fourth 5treet Charlotte, NC 2�202 Dear Mr. Hinson: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of extending Orr Road in Mecklenburg County: .,�_�� ,��. ��.. r _..w,, w_� ��k �. .�_ _,v. _ x � �� z � �n �,z__�� y,� _.��n�� ..� „w�a.w.� .„� v�� . _ __ .. � �� .. �� , . . . . . , , , .. � •, �, ,. �,.� � . . . ,,, ' . . . . , . , . . , , •, , ,, ;�` �� •:��_�� _ �'fl_ ' � _ . � � _ • _._ ____ • _ _ �__._._ ��_ _. __ _ � _ __ _ _ _.. � _ ___ __ . � _ __ i�i i � i � � :,_.... . � , . , ' . . , . , .,..... ,.... 1 ' . .. ... . . . :.. . .. ' I ■ • �I � • � _. .: ...... .......,., .,,,...,..... ...,.... ...., ,...,..: ...,. ..�.v,r .,___,..: , ,_ , „ . ,.....,. � ....,,: ,.�w ,_,. ...Y ., l 1 1. i � 1 i._ , 1' l . � .. r . � �....,... ,. �,n.,..�. � ,��,,. ��w,.�.,�. > �� Q w� .e....,< .,, � �., m , , . .� , a ,..._ ,. _� _ 1 .', 1. II' � • ' 1', . 1 , . ' 11 . .`, '' • . 1 � •1 � ,, • , � , ' ,, � , . - _ _ i. '. 1 �,��--�-�. _...._.._. _....r.. ._._ . .��"/��'�% � io �i � �� 1 1� i 11 ,�,,�_ w�._w�,.� „ ,,,_.,.w,�. �. _.{�.. . ,rN_�_�� n,_.,,�„��_,�,, ..��w =. .�,.. :_�,�a� ��,�,,,._w__ �w��v,. �M�..�� r�,r�„�,�._ . � r�.� .,_� � � w i. 1� I I� I I I I I I I i l I� I I i i � . � �,, � � � , 1 �I . 1�17 C�,�ai! ;�rvice ��nf�r; f�.��eEc�h; 4��c�rii� C�r�i€��a 116��-1� i� €�P7�� J'�9-��'7-�3�� , {n�ern�t. sn�t,�!v��.r�cc�er�r.�e�� j�.r, E�E ��I C}E�C,��Eu �ii�,� it iE��;�at �� krt�or (-m�;ir�y�e, .� • � _, ,�+i, � �,_ . ,. ��r.��.. _ __ � . .. ' . ..-. } ,,. £ �: ; �.r = ,s . . ;y ..... . t{�?... . .. .. ..�..s The project shall be constructed in accordance with your application dated received December 17, 2014. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certiiication Number 3�86. This certification corresponds to the IVationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federai, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, NoneDischarge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your projeci change, you must notify the I�ICDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A I�1CAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. �.; �. �� ,•. � ° �� r �;:, 1. Wetiand areas temporarily impacted for construction access shall only be hand cleared. Geotextile mat shall be placed under any temporary fill in these areas to minimize the chance of damage, aid in the removal of fill, and allow for revegetation of impacted areas. [15A NCAC 2H .0506 (c)(3)] � � � 2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inclies, 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. Design and placement of culverts and other structures including temporary erosion control measures shall not 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 structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [ 1 SA NCAC 02H.0506(b)(2)] 3. If c�ncrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200] 4. 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. [15A NCAC 02H.0506(b)(2)] 5. The dimension, pattern and profile of the stream above and below the crossing shall not be modiiied. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 6. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be piaced in stream channels in such a manner that it does not impede aquatic life passage. [ 1 SA I�1CAC 02H.0506(b)(2)] 7. The Permittee shall ensure that the finai design drawings adhere to the permit and to the permit drawings submitted for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] �. All work in or adjacent to stream waters shali be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures sha11 be used to prevent excavation in flowin� water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 9. Heavy equipment shall be op�rated from the banks i°ath�r than in the str�am channel in ar•der io minirnize sedimentation and reduce the inh•oduction of other pollutants into the stream. [15A IVCAC 02H.0506(b)(3)] 10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of s�ream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 1 l. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certi�ication. [15A I�1CAC 02H.0506(b)(3)] 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 13. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Feder°al 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 that State ot• federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this cet-tification. [15A IVCAC 02B.0200] 14. Ali f�ll slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, uniess otherwise authorized by this certification. [15A IVCAC 02H.0506(b)(2)] 15. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modiiications, if any, shall be maintained with the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 16. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 17. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federai) having jurisdiction, inciuding but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 18. The Permittee shall report any violations of this certification to the Division of Water Resow•ces within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 19. Upon completion of the project (including any impacts at associated borrow or waste sites), the Applicant shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work inciuded in the 401 Certification has been compieted. [15A NCAC 02H.0502(�] 20. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 2H .0506(c)(3)] 21. There shail be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)] 22. Erosion and sediment control practices must be in full compiiance with ali specifications governing the proper design, installation and operation and maintenance of such Best IVlanagement Practices in order to protect surface waters standards [15A 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 accor•dance with the most recent version of the Nof•th Ca��olina Sedin�ent ancl Ey�osion Control Pla�ning and Deszgn Manual. b. The design, installation, operation, and maintenan�e of the sediment and erosion contro� measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Callolina Sediment and Erosion Cont�ol Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoii) projects, including con�ractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, operated and maintained in accordance with the most recent version of the North installed, Carolina � Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the ofiice of Administ�•ative Heai•ings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of �:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition 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 Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 67141VIail Service Center Raleigh, NC 27699-6714 Telephone: (919)-431-3000, Facsimile: (919)-431-3100 A copy of the petition must also be served on DENR as follows: Mr. John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact David Wainwright at (919)707-8787 or David.Wainwright@ncdenr.gov. Sincerely, � � , �� , �. . S. Jay Zimmerman, cting Director Division of Water Resources Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Ecosystem Enhancement Program File Copy � �}�� : � �� '�� v�cC;� ��s �� „ ��v��r��.�r 1 ''` ' � �, ' � �t c � � �v '� ,; ��' f � �, � ��`�� ;�F��6"�� ';v;��[,��`�a� � C_��c� °��r�� c�� J�� ,`�..��r� Certiiicate oi Cornpletion Upon completion of all work approved within the 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 `JVater Resources, 1650 Mail Service Center, Raleigh, IVC, 27699a1650. This farm may be returned to NCDWR by the applicant, the applicant's authorized agent, ot° the project engineer. It is not necessary to send certificates from all of these. I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built withiti substantial compliance and intent of the 441 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the consh•uction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved pians and speciiications, and other supporting materials. Signature: Partial Final Date: I, , as a duly registered Professional Engineer in the State of Noi-th Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Cei-tification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration IVo. '�7� � �'�,��il ��vic,� �;��, �=��V�;ic�k��. 4`t��rff� � �x��:;il�� :�� ir�'1 i F'�r�s;�, �i€�-��?i-{�;'��(� 1 I,��t�1r��c��: ��J��?t�r.E�c��rfr.c��n�t� �.i� �cl I 1� �i�}{ .(fUi�l�� c'.'�iiYic�i�,! 1.�fGlr �(r'OiG`1�1