20141294 Ver 2_Approval Letter_20190102

ROY COOPER
Gmrmor
MICHAEL S. REGAN
s.c,rrary
UNDA CULPEPPER
rnrertm D;rerta
NORiH CARU�INA
Envrronnrenror Quarrry
January 2, 2019
Mecklenburg County
NC D W R Project No. 20141294v2
Orr Road Extension
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Len Chapman
City of Charlotte
400 East 4'h Street
Chadotte, North Carolina 28202
Dear Mc Chapman:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of extending Orr Road in Mecklenburg Counry:
Stream Imoacts in the Broad River Basin
Permanent FII Permanent F511 Temporary Fill Total Stream Stream Impacts
in Intermitten[ Bank in Perennial in Perennial �m ct Requiring
Si[e Stream Stabilization SMeam Stream � Mitiga[ion
(linear ft)
pinear k) pinear ft) pinear ft) pinear ft)
SI 70 70 70
g2 6� 61 61
53 65 65 65
S4 80 80 80
SS 8 8 0
S6 8 8 0
TOTAL 131 16 145 0 292 276
To[al Stream Impac[ for Project 292 linear feet.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center I Raleigh, North Ca�olina 27699d617
919.707.9000
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Wetland Impacts in the Catawba River Basin
F��� Exca�ation Mechanized Hand Total Im�racts
Site Fill (ac) (tem�wrary) Wetland Requiring
(ac) (ac) Clearing (ac) Clearing (ac) �mpdct(ac) Mitigation (ac)
W 1 036 036 0.36
W2 0.04 0.04 O.W
QIRI 0.(H)
O.W O.W
Total 0.36 0.04 0.00 0.00 0.00 0.40 0.36
Total Wetland Impact for Project: 0.40 acres.
The project shall be constructed in accordance wi[h your applica[ion da[ed received Ausust 22, 2018 and required
permitting fee submitted November 4, 2018. After reviewing your application, we have decided [ha[ these impacts
are covered by General Water Quality Certification Number 4135. This certifica[ion corresponds [o the Nationwide
Permi[ 14 issued by the Corps of Engineers. In addi[ion, you should acquire any o[her federal, state or local permits
before you proceed with your project includin� (but not limited to) Sediment and Erosion Control, Non-Discharge
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 project change, you must notify the NCDW R and submit a new application. If the property is sold, the
new owner must be given a copy of Ihis 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 s[reams (now or in the future) exceed 150 linear feet, compensatory mitiga[ion may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval ro remain valid, you most adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certifcation:
Project Specific Conditions
Unless otherwise approved in this certitication, placement of culverts and other structures in open waters
and streams, shall be placed below the elevation of [he streambed by one foo[ for aIl culverts with a
diame[er greater than 48 inches, and 20 percent of the culvert diameter for colverts having a diameter less
Ihan 48 inches, [o allow low flow passage of water and aquatic life. Design and placemen[ of culverts and
other struc[ures including temporary erosion control measures shall not be conducted in a manner that may
resul[ in dis-equilibrium of wetlands or streambeds or banks, adjacen[ to or ups[ream and down stream of
[he above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or
other limiting features encouo[ered during construc[ion, please contact the NCDWR for guidance on how
to proceed and to determine whether or not a permi[ modification will be reqoired. [ I SA NCAC
02H.0506(b)(2)]
2. If multiple pipes or barrels are required, they shall be desiened to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the sheam channel should be avoided. Stream channel widenine at the inlet or oudet end of
strucmres typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aqoatic life passage. [ISA NCAC 02H.0506(b)(2)]
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North Carolina Department of Environmental Quahry'� Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919707.9000

3. Riprap shall not be placed in the ac[ive thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or strucwres should be property designed, sized
and installed. [ISA NCAC 02H.0506(b)(2)]
4. No temporary impacts have been approved for this permiL All temporary impacts must occur within the
footprint of the approved permanent impacts. If temporary impacts are desired, a permit modification will
be required. All stream work is to be performed in the dry. [I SA NCAC 02H.0506(b)(2)]
5. The stream channel shall be excavated no deeper than the nawral bed material of the stream, to the
maximum extent practicable. Efforts must be made ro minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining [he stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian speciea [15A NCAC
02H.0506(b)(2)]
6. Due to the possibiliry that compaction and/or other site alterations might prevent the temporary wetland
impact area from re-attainingjurisdictional wetland status; the permittee shall provide an update on the
wetland areas temporarily impacted. This update shall be conducted two growing seasons after
completion of the work at temporary impac[ site and shall consist of photographs and a brief report on the
progress of the areas in re-attaining wetland jurisdictional status. Upon submission of this update to the
NCDWR, the permittee shall schedule an agency field meeting with the NCDWR to determine ifthe
wetland areas [emporarily impacted by this projec[ have re-attained jurisdictional wetland status. If the
wetland areas temporarily impacted by this project have not re-attained jurisdictional wetland status, the
NCDW R shall determine if compensatory wetland mitigation is be required [15A NCAC 2H .0506 (c)(3)]
Wetland areas temporarily impacted for construction access shall only be hand cleared. Geotextile mat
shall be placed onder 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)]
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 the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diame[er
less than 48 inches, to allow low flow passage of wa[er 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 NCD WR. 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.
[15A NCAC 02H.0506(b)(2)]
2. If concrete is used during constructioq a dry work area shall be main[ained to prevent direct contact
between curing concrete and stream water. Water Ihat inadvertently contacts uncured concrete shall
not be discharged to surface wa[ers due [o the potential for eleva[ed pH and possible aquatic life and
fish kills. [ISA NCAC 028.0200]
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)]
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North Carolina Department of Environmental Quality I Division of Wate� Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919707.9000

4. The dimension, pattern and pmfile of [he stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomoryhic condi[ions. [15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
sheam stabilization shall be placed in stream channels in such a manner [ha[ it does not impede
aqoatic life passage. [15A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and ro the permit
drawings submitted for approvaL [15A NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and
(c)(�)7
7. All work in or adjacen[ to stream waters shall be conduc[ed in a dry work area. Approved BMP
measures from [he mos[ current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and o[her diversion structures shall be used to preven[
excavation in flowing watec [I SA NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be opera[ed from the banks ra[her [han in the stream channel in order to
minimize sedimentation and redoce the introduction of other pollutants into the stream [ I SA NCAC
02H.0506(b)(3)]
9. All mechanized equipmen[ operated near surface waters must be regularly inspected and maintained to
prevent contamina[ion of stream wa[ers from fuels, lubricants, hydraulic fluids, or other toxic materials.
[ I SA NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I SA NCAC 02H.0506(b)(3)]
1 I. Discharging hydroseed mixtures and washing 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 water
qoaliry s[andards (including any requirements resul[ing ftom compliance with §303(d) ofthe Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR de[ermines that
such standards or laws are no[ being met (including the failure [o sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 026.0200]
13. All fill slopes loca[ed in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Qualiry Certification shall be maintained on the construction site at all times. In
addition, the Water Qualiry Certification and all subsequen[ modifications, if any, shall be maintained with
the Division Engineer and the on-site project managec [15A NCAC 02H .0507(c) and I SA NCAC 02H
0506 (b)(2) and (c)(2)]
I5. The ou[side buffer, wetland or wa[er boundary located wi[hin [he cons[ruction corridor approved by this
authorization shall be clearly marked by highly visible fencing priar 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]
I6. The issuance of this certifica[ion does no[ exemp[ the Permittee from complying wi[h any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
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North Carolina Department of Environmental Qualiry i Division of Water Resources
512 North Salisbury Street'.. 1617 Mail Service Center I Raleigh. North Carolina 27699-16P
919.707.9000

federal) having jurisdiction, including but not limited to applicable buffer mles, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources wirhin
24 hours of discovery. [I SA NCAC 02B.0506(b)(2)]
18. Upon completion of the projec[ (including any impacts at associa[ed borrow or was[e sites), the CDOT
Engineer shall complete and retum 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(�]
19. Native riparian vegetation (ex. Salix nigra, Jonws (spp), Carex (spp), et al.) must be reestablished in
the riparian areas within the construction limi[s of [he project by the end of the growing season
following comple[ion of constructioa [ I SA NCAC 02B.0231(b)(6)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit withoot 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 cons[ruction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications goveming the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters 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 main[ained in accordance with [he most recent version of the North Carolina Sedimen! and
Ernsian Control Plannrng and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion controi measures
must be soch [ha[ they equal, or exceed, the requirements specified in the mos[ recent version of the
North Curolina Sediment and Erosion Control Manual. The devices shall be maintained on all
eonstruction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and main[ained in accordance wi[h the most recent version of the North Carolina Surfoce
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with [he requiremen[s of the Sedimenta[ion Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Cenification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you most file a peiition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the ot�ice of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office 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 (I) copy of the petition must be filed with the Office of
Administra[ive 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:
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North Carolina Department of Environmental Quality , Division of Wa[er Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Cen[er
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 Donna Hood at [phone] or [e-mail].
Sincerely,
� �'��
Linda Culpepper, rector
Division of Water Resources
Electronic wpy 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, Division of Mitigation Services
Isaac Hinson, City of Chadotte Stormwater Services
Erin Shanaberger, City of Charlotte Stormwater Services
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury S[reet I 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919]07.9000

ROY COOPER
co.�„��
MICHAEL S. REGAN
SP[lffdfy
UWDA CULPEPPER
lrtrardm Dirertu
NCDWR Project No.:
Appiicant:
Project Name:
NOR1H CARUiINA
£nvlronmenfcf Qreailfy
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon comple[ion of all work approved wi[hin 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
Oni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be retumed to NCDWR by the applicant, the applicanYs authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplicanYs Certifirntron
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such [hat the construction was observed to be built within substantial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenPs Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in [he observation of the cons[ruc[ion such that [he construction was observed to be buil[ within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
I, , as a duly regis[ered Professional Engineer in the State of North
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
Wa[er Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials.
Signawre
Date
Registration No.
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North Carolina Department of Environmen[al Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699d617
919.707.9000