20001195 Ver 17_Revised Approval Letter_20211220

DocuSign Envelope ID: F85F9CA3-2323-4D14-BAA7-944C4AB087AE
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
City of Charlotte —Aviation Department
Attn: Ms. Haley Gentry
5601 Wilkinson Blvd
Charlotte NC 28208
NORTH CAROLINA
Environmental Quality
December 20, 2021
DWR # 20001195 Ver 17 revision
Mecklenburg County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
CLT Airport Expansion
USACE Action ID. No. SAW-2018-01071
Dear Ms. Gentry:
Attached hereto is a copy of Certification No. #WQC004233 issued to Ms. Haley Gentry and City of
Charlotte —Aviation Department, dated December 20, 2021. This certification is being issued as a
revision to the certification issued August 21, 2021 as an acknowledgement a change to the project
plans and update the impact table accordingly. This Certification replaces the Certification issued on
August 21, 2020.Please note that you should get any other federal, state or local permits before
proceeding with the subject project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
D ��� North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center Raleigh, North Carolina 27699-1650
NORIN GAHOLINA +
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DocuSign Envelope ID: F85F9CA3-2323-4D14-BAA7-944C4AB087AE
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
City of Charlotte —Aviation Department
DWR Project #20001195 V17 revision
Individual Certification #WQC004233
Page 2 of 8
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This Certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or [e-mail] if you have
any questions or concerns.
Sincerely,
DOCUSignn�eJd by:
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Kelly Thames, HDR (via email)
USACE Charlotte Regulatory Field Office (via email)
Olivia Munzer, NC WRC (via email)
Todd Bowers, EPA, (via email)
DWR MRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 001195v17CLTExpansion(Mecklengburg)_401_ICrev
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
919.707.9000

DocuSign Envelope ID: F85F9CA3-2323-4D14-BAA7-944C4AB087AE
City of Charlotte —Aviation Department
DWR Project #20001195 V17 revision
Individual Certification #WQC004233
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004233 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500,
to Mr. Brent Cagle and City of Charlotte — Aviation Department, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on February 4, 2020 and subsequent information on June 3, 2020, July 23, 2020 and August 10,
2020, and updated plans submitted on November 5, 2021 with subsequent information submitted on
December 15, 2021, and by Public Notice issued by the U. S. Army Corps of Engineers on February 18,
2020.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the Certification below.
Conditions of Certification:
1. The following phased impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Phase 1
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Strea m
Perennial streams
3093 (linear feet) —
346 (linear feet)
permanent loss of waters
132 (linear feet) —
non- loss of waters
Intermittent streams
125 (linear feet) —
0 (linear feet)
permanent loss of waters
30 (linear feet) —
non- loss of waters
404/401 Wetlands
1.58 (acres)
0 (acres)
Phase 2
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Strea m
Perennial streams
7,958 (linear feet)
0 (linear feet)
Intermittent streams
193 (linear feet)
0 (linear feet)
404/401 Wetlands
4.31 (acres)
0 (acres)
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NOATE7CA OLINA
0 +�Ur ka�lomldh 919.707.9000

DocuSign Envelope ID: F85F9CA3-2323-4D14-BAA7-944C4AB087AE
City of Charlotte —Aviation Department
DWR Project #20001195 V17 revision
Individual Certification #WQC004233
Page 4 of 8
2. Mitigation must be provided for the proposed impacts as specified in the table below. Mitigation
for each Phase will be provided prior to commencing construction on any impact areas within that
Phase. The Division has received an acceptance letter from the City of Charlotte Umbrella Stream
and Wetland Mitigation Bank to meet this mitigation requirement. Until the City of Charlotte
Umbrella Stream and Wetland Mitigation Bank receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Authorization Certificate shall
occur. For accounting purposes, this Authorization Certificate authorizes payment to the City of
Charlotte Umbrella Stream and Wetland Mitigation Bank to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (c)]:
Compensatory Mitigation Required
River and Sub -basin Number
Stream
Phase 1a (NEAT) — 1,236 (credits)
Catawba
Phase 1b (SCF) — 1,857 (credits)
03050101 and 03050103
Phase 2 — 7,958 (credits)
Wetland
Phase 1a (NEAT) — 1.44 (credits)
Catawba
Phase 1b (SCF) — 0.14 (credits)
03050101 and 03050103
Phase 2 — 4.31 (credits)
3. This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. When final design plans are developed for a Phase II activities,
they shall be submitted to the Division for review to determine if modification to this 401 Water
Quality Certification is required. If a modification is required, an application shall be submitted to the
Division with the appropriate fee. Final designs shall reflect all appropriate avoidance, minimization,
and mitigation for impacts to wetlands, streams, and other surface waters, and buffers. No
construction activities that impact any wetlands or streams within Phase II shall begin until after the
Permittee applies for, and receives, either a notification from the Division that a modification to the
401 is not required, or a modified 401 Water Quality Certification from the Division. [15A NCAC 02H
.0501 and .0502]
4. You are required to secure an approved Stormwater Management Plan (SMP) from the City of
Charlotte for water quality treatment of stormwater from new built upon areas created from this
project before any impacts authorized in this certification occur. After it is approved, the SMP may
not be modified without prior written authorization from City of Charlotte. [15A NCAC 02H
.0506(b)(1)]
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
6. The Permittee shall contact the Division Mooresville Regional Office within 10 days of the
commencement of construction on each detention basin. [15A NCAC 02H .0507 (c) and 15A NCAC
02H .0502 (e)]
7. Streams within the project limits that will experience flooding from the Ticer Branch and Coffey
Creek in -line detention basins, as well as the stream channel immediately below each detention
basin, shall be monitored by the Permittee to establish any loss of function per required in North
Carolina Administrative Code 15A NCAC 2B .0201. Monitoring shall be done in accordance with the
Proposed Monitoring Plan dated August 4, 2020. Proposed monitoring locations shall be submitted
D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NcpT Cn OLINA
0 o. Ur ka a lDmuly 919.707.9000

DocuSign Envelope ID: F85F9CA3-2323-4D14-BAA7-944C4AB087AE
City of Charlotte —Aviation Department
DWR Project #20001195 V17 revision
Individual Certification #WQC004233
Page 5 of 8
to the Division for approval at least 60 days prior to commencement of construction of each
detention basin. Any modifications to the Proposed Monitoring Plan must be submitted to the
Division for approval. Annual reports of monitoring shall be submitted to the Division on June 1 of
each year which commences June 2021 with a report that details results collected by that date at
that time.
If monitoring indicates a significant change in geomorphology or a degradation of function as
indicated in the Proposed Monitoring Report, the Permittee shall notify the Division and provide a
detailed analysis of the situation. Additional monitoring and/or remedial actions may be required
by the Division. If the Division determines that there has been a loss of function that cannot be
remedied to the Division's satisfaction within any of the monitored streams, the Permittee shall
submit a mitigation plan to the Division.
8. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973).
9. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
10. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of each
construction area on the project site shall be clearly marked (example- orange fabric fencing) prior
to any land disturbing activities and must be maintained on the property until the project phase is
completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
12. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
13. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current version
of the NCSediment and Erosion Control Manual, or the NC DOT Construction and Maintenance
Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be
used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)]
14. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)].
D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NCPm CA OLINA
ily 919.707.9000

DocuSign Envelope ID: F85F9CA3-2323-4D14-BAA7-944C4AB087AE
City of Charlotte —Aviation Department
DWR Project #20001195 V17 revision
Individual Certification #WQC004233
Page 6 of 8
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel shall be avoided.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts
or bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of riprap or other bank hardening methods.
15. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
16. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200]
17. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed, and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
18. All proposed and approved temporary pipes/culverts/riprap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
19. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not
result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC
02H .0506(b)(2)]
20. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave,
current action, or stream flows and shall consist of clean rock or masonry material free of debris or
toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for
velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H
.0506(b)(2)]
D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NCPm CA OLINA
ily 919.707.9000

DocuSign Envelope ID: F85F9CA3-2323-4D14-BAA7-944C4AB087AE
City of Charlotte —Aviation Department
DWR Project #20001195 V17 revision
Individual Certification #WQC004233
Page 7 of 8
21. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
22. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
23. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
24. In accordance with 143-215.85(b), the Permittee shall report to the Mooresville Regional Office at
704-663-1699 (after hours and on weekends call 800-858-0368) any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
25. Mr. Brent Cagle and City of Charlotte — Aviation Department shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State and Federal law. [15A NCAC 02B .0200] If the Division 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, the
Division may reevaluate and modify this Certification. Before modifying the Certification, the Division
shall notify Mr. Brent Cagle and City of Charlotte — Aviation Department and the U.S. Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for
public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be
provided to Mr. Brent Cagle and City of Charlotte — Aviation Department in writing, shall be provided
to the U.S. Army Corps of Engineers 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.
26. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
27. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NCPm CA OLINA
ily 919.707.9000

DocuSign Envelope ID: F85F9CA3-2323-4D14-BAA7-944C4AB087AE
City of Charlotte —Aviation Department
DWR Project #20001195 V17 revision
Individual Certification #WQC004233
Page 8 of 8
28. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
29. This Certification grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
30. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this Certification for the project and may also result in criminal and/or civil penalties.
31. The permittee shall report to the Mooresville Regional Office at 704-663-1699 any noncompliance
with this Certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant becomes aware of
the circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 20t" day of December 2021
1/�7DocuSigned by:
—Gytt� W
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
SLH
WQC004233
D_EQ 7> North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NOATE7CA OLINA
-,P,�,M . h 919.707.9000