20090902 Ver 1_Approval Letter_20090930

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
September 30, 2009
DWQ# 09-0902
Mecklenburg County
Mr. Barry Moose, P.E.
NCDOT Division 10
716 West Main Street
Albemarle, NC 28001
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Moose:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 23 linear feet (If) (for culvert extension) of Dixon Branch, a perennial stream, as described in your
application received by the Division of Water Quality (DWQ) on August 18, 2009, and additional information
received'on September 15, _2009.' The location of the project is WT. Harris Boulevard in Mecklenburg
County. After reviewing your applicationwe have determined that this. project is ccivered by Water Quality
General`Ceriification Numbers 3704.'Please n,dfe that'you should get any other federal, state br local permits
before proceeding with your, project, including those .required by (but rot limited Ito) 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). For this approval
to remain valid, you must adhere to the conditions listed in the attached certification and those listed below:
1. Placement of culverts and other structures in waters, streams and wetlands must be 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 for low flow passage of water and
aquatic life, as well as prevent headcutting of the streams. The design and placement of culverts and other
structures including temporary erosion control measures shall be installed in such a manner that the original
stream profiles are not altered (i: e., the depth of the channel must not be reduced by a widening of the
streambed)' Existing stream dimensions (including pattern and profile) are to be maintained above and
below locatlons:of each' culvert. The applicant may be, required to,provide evidence that the equilibrium has
beenrmalntaine if requested in writing'byafie'DWQ.'
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Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 rOTtllOne lCaTOltind
Phone: [phone] Fax'. (7C4) 663-60401 Customer Service: 1-877-623.6748 lll
Internet: w^+ rtmateiquality.org 1(?
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Mr. Barry Moose, P.E.
Page Two
If this condition is unable to be met due to bedrock or, other limiting features encountered during construction,
please contact the DWQ for guidance on how to proceed and to determine whether crnot,a modification to
this certification will be required.
2. Floodplain benches must be reconstructed on the upstream side of the culvert extension, in order to maintain
the natural stream dimension.
3. 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. In addition, riprap associated with the adjacent stormwater ditch must be removed from the stream.
Riprap must be properly keyed into the stormwater ditch to prevent migration into the stream.
4. Stream impacts to Dixon Branch (509 linear feet) were previously authorized by NCDWQ under an Individual
Permit (IP) issued to NCDOT. Mitigation was required and provided through the North Carolina Ecosystem
Enhancement Program (EEP) under the IP. NCDWQ requires mitigation for impacts to streams which
exceed 150 linear feet. The impacts proposed in this Pre-Construction Notification result in a cumulative total
of 532 linear feet. Therefore, compensatory mitigation for 23 linear feet of impact to streams is required. We
understand that you have chosen to perform compensatory mitigation for impacts to streams through the
EEP, and that EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter
dated August 25, 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 on July 22, 2003, and the Dual-Party MCA signed on April 12,.2004:;
5. 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.
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
7. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
8. 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,aquaticlife-and fish, kills.,
9. 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.
10. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
11. 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
12. All.fiil slopes located in jurisdictional wetlands shall be.placed at slopes no flatter than 3:1,'unless otherwise
authorized by this certification.
Mr. Barry Moose, P.E.
Page Three
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
14. 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.
15. 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.
16. 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.
17. 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.
18. The North Carolina Department of Transportation (NCDOT) 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.
19. Upon completion of the project, the NCDOT Division Engineer 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.
20. Continuing Compliance. NCDOT 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.
Mr. Barry Moose, P.E.
Page Four
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 NCDOT 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.
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,
for Coleen H. Sullins
Attachments
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy