20110431 Ver 3_Approval Letter_20130322

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
April 5, 2013
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with Additional Conditions for the Proposed Construction of the Charlotte Outer Loop (I -485)
from East I -77 to I -85 in Mecklenburg County. Division 10, TIP's r -2248E and R- 2123CE,
WBS 34410.3.GV2, DWQ #: 11 -043 1 V3
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3868 issued to The North Carolina Department of
Transportation ( NCDOT) dated October 14, 2011 and June 21, 2012.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Charles Wakild
Director
Attachments
cc: Sarah Hair, US Army Corps of Engineers, Asheville Field Office (electronic copy only)
Michail Turchy, NCDOT PDEA, (electronic copy only)
Larry Thompson, Division 10, Environmental Officer (electronic copy only)
Chris Militscher, Environmental Protection Agency (electronic copy only)
Marella Buncick, US Fish and Wildlife Service (electronic copy only)
Marla Chamber, NC Wildlife Resources Commission (electronic copy only)
Kelly Williams, Ecosystem Enhancement Program
Alan Johnson, NCDWQ MRO \
File Copy
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwatemuality.om
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 -500 and
95 -217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in
15 NCAC 2H .0500. This certification authorizes the NCDOT to impact an additional 0.71 acres of jurisdictional
wetlands in Mecklenburg County. The project shall be constructed pursuant to the modification dated received
March 22, 2013. The authorized impacts are as described below:
Stream Impacts in the Yadkin Pee Dee River Basin
Site
Permanent Fill
Temporary Fill
Permanent
Temporary
Total Stream
Stream
in Intermittent
in Intermittent
Fill in
Fill in
Impact
Impacts
Stream
Stream
Perennial
Perennial
(linear ft)
Requiring
(linear ft)
(linear ft)
Stream
Stream
Mitigation
(linear ft)
linear ft
linear ft
Original approved
545
184
729
545
impacts at Site 5
Revised impacts with this
569
184
753
569
approval at Site _5_
(525 If & 44 If
for bank
stabilization)
Original approved
312 if
96
408
312
impacts at Site 6
Revised impacts with this
0
0
0
0
approval at Site _6_
(eliminated, to
be bridged)
Original approved
835
1690
56
2581
2525
impacts at Site 8
Revised impacts with this
835
1590
56
2481
2425
approval at Site _8_
(1562 if & 28
If bank
stabilization)
Original approved
118
8
126
0
impacts at Site 9
Revised impacts with this
86
8
94
0
approval at Site _9_
(49 if & 37 if of
bank
stabilization)
Original approved
835
91
926
835
impacts at Site 14
Revised impacts with this
803
34
837
803
approval at Site 14
(culvert only)
Original Total
953
99
2547
336
4770
4217
Revised Total
921
42
2159
240
1 4165
3797
Total Stream Impact for R- 2248E: 7,415 linear feet

Wetland Impacts in the Yadkin Pee Dee River Basin
Site
Permanent Fill
Temporary
Total
Total
Excavation/
(ac)
Wetland
Wetland
clearing
Impact
Mitigation
(ac)
ac
Original approved impacts
0.180
0.66
2.46
2.50
at Site _12 Riverine
(1.59& 0.16 & 0.05)
(0.05 &0.61)
Revised impacts with this
2.70
0.55
3.25
3.25
approval at Site _12_
(1.59 & 0.799 &
(0.05 & 0.497)
Riverine
0.05 & 0.262)
Original approved impacts
0.34
0.34
0.34
at Site _13_ Non - riverine
(0.03 clearing & 0.31 fill)
Revised impacts with this
0.46
0.46
0.46
approval at Site _13_
(0.12 clearing & 0.03
Non - riverine
excavate & 0.31 fill)
Original approved impacts
0.62
0.62
0.62
at Site 14 Non - riverine
Revised impacts with this
0.60
0.60
0.60
approval at Site _14_
Non - riverine
Total
1.14
0.66
3.60
3.60
Revised Total
3.76
0.55
4.31
4.31
Total Wetland Impact for R- 2248E: 7.37 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin Pee Dee
River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your modified application dated March
22, 2013. All the authorized activities and conditions of certification associated with the original Water Quality
Certification dated October 14, 2011 (and June 21, 2012) still apply except where super ceded by this certification.
Should your project change, you are required to notify NCDWQ 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 any additional wetland impacts, or stream impacts, for this project (now or in
the future) occur, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (7). You should obtain all other federal, state or local permits before proceeding with your project including
(but not limited to) Sediment and Erosion control, Coastal Stormwater, Non- discharge and Water Supply watershed
regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and /or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
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 office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and 5: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
6714 Mail 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. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 5th day of April 2013
DIVISION OF WATER QUALITY
Charles Wakild
Director
WQC No. 3868