20090308 Ver 1_Approval Letter_20090722

North Carolina
Beverly Eaves Perdue
Governor
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NC®ENR
Department of Environment and
Division of Water Quality
Colleen H. Sullins
. Director
Natural Resources
Dee Freeman
Secretary
July 22, 2009
DWQ# 09-0308
Mecklenburg County
Mr. Isaac Hinton
Charlotte Stormwater Services
600 East Fourth Street
Charlotte, NC 28202
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hinton:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact a total
of 788 linear feet (If) of streams as listed in the table below:
Stream A Paw Creek/ 270 linear feet of permanent impact for
(Crossing 1) Perennial culvert (110 If) and riprap stabilization 270 linear feet
Stream B Unnamed tributary to 298 linear feet of permanent impact for
(Crossing 2) Paw Creek/ culvert (131 If), riprap stabilization (80 If), 298 linear feet
Perennial and stream fill 87 10
Stream C Unnamed tributary to 220 linear feet of permanent impact for fill
(Crossing 3) Paw Creek/ (153 If), nprap stabilization (21 If), and None
Intermittent hydrologic severance 46 If
Stream impacts are associated with the widening of Freedom Drive, as described in your complete application received by
the Division of Water Quality (DWQ) on March 24, 2009, and additional information received June 29, 2009, and July
17, 2009. After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Numbers 3704. Please note that you should get any other federal, state or local permits before proceeding
with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations. This approval will expire with the associated 404 permit unless otherwise specified
in the Water Quality Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified below).
Should your project change, you must notify the DWQ in writing and you may be required to 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 conditions.
If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6) and
(7).
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One _
Phone: [phone] Fax: [phone] Customer Service: 1-877823-6748 NOrthCal Ot1Ra
Internet:v .ncvvaterquality.org
An Equal Opportunity \ARrmative Action Employer -50%Recycled110% Post Consumer paper ? 'aNji'1"111/
Mr. Isaac Hinton
Page Two
For this approval to remain valid, you must adhere to the conditions listed in the attached certification and those listed
below'
Floodplain benches shall be constructed on inlet and outlet ends of the proposed culverts on Stream A (Paw
Creek) as per the plans submitted to this office on June 29, 2009. The floodplain benches shall be constructed
such that the natural stream dimension is restored/maintained in the area of the culvert installation. In addition,
sills shall be installed on the inlet and outlet ends of the high flow culvert as indicated in the application.
NCDWQ is aware that stream impacts were minimized through the use of 2:1 slopes on Stream B (unnamed
tributary to Paw Creek). While NCDWQ appreciates the additional stream impact avoidance and minimization
efforts, we are still concerned about sediment impacts during construction due to the height of the slopes
(approximately 20 feet). As indicated in the additional information received on June 29, 2009, erosion control
matting must be installed on the slopes to provide stabilization and prevent sediment loss to the stream. If
sediment loss is observed during construction, stream restoration (sediment removal) and additional stabilization
measures may be required.
3. All stormwater outfalls must discharge to an energy dissipator, prior to discharging to the stream, in order to
prevent streambank erosion.
Compensatory mitigation for 568 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has
indicated in a letter dated January 26, 2009, that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-
Party MCA signed July 22, 2003, and the Dual-Party MCA, signed on April 12, 2004.
.5. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
6. Placement of culverts and other structures in waters, streams and wetlands shall be placed below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, 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 the NCDWQ. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how
to proceed and to determine whether or not a permit modification will be required.
7. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
8. If concrete 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.
9. 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.
10. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream.
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
Mr. Isaac Hinton
Page Three
12. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
13. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
14. 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 the NCDOT Construction and Maintenance Activities manual such as sandbags, rock
berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
16. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3.1, unless otherwise
authorized by this certification.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
18. A copy of this Water Quality Certification shall be posted on the construction site at 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.
19. Native riparian vegetation must be re-established within the construction limits of the project by the end of the
growing season following completion of construction.
20. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within 30 days after the Division of Land Resources has released
the project.
21. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, 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 Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction 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
maintained in accordance with the most recent version of the North 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.
22. The Permittee and its contractors and/or agents shall not excavate, fill or perform mechanized land clearing at
any time in the construction or maintenance of this project within waters and/or wetlands, except as authorized by
this Certification, or any modification to this Certification (e.g., no work shall occur outside of the footprint of the
plans provided). In addition, there shall be no excavation from or waste disposal into jurisdictional wetlands or
waters associated with this Certification without appropriate modification. If this occurs, compensatory mitigation
may be required since it is a direct impact from road construction activities.
Mr, Isaac Hinton
Page Four
23. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted
for approval.
24. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification 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.
25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
26. Upon completion of the project, the permittee shall complete and return the enclosed "Certificate of Completion"
form to notify DWQ when all work included in the 401 Certification has been completed. Please include
photographs upstream and downstream of the structure to document correct installation.
27. Continuing Compliance. The Permittee shall conduct its activities in a manner so as not to contravene any state
water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and
any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are
not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being
violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such' standards and requirements in
accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the Permittee and
the USACE, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in
writing, shall be provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean
Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This Certification and its conditions are final and binding unless you ask for a hearing.
?I
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-1699.
Sincerely,
?A ?-
forColeen H. Sullins
Attachments
cc: Steve Chapin, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy