20001195 Ver 9_Approval Letter_20090820

NA
NCDENR

Beverly Eaves Perdue
Governor

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretary

August 20,2009
DWQ# 00-1195V9
Mecklenburg County

Elmo Langley
Charlotte Douglas International Airport
P.O. Box 19066
Aviation Department
Charlotte, NC 28219-9066

Subject: Airport Drive Improvement/Culvert Replacement, Charlotte

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. Langley:

You have our approval, in accordance with the general certification and those conditions listed below,
to impact 451 linear feet If (If) (274 If, pipe and riprap; 140 If, daylight channel; 37 If, riprap in Taggart Creek) of
stream in order to complete the project in Mecklenburg County, as described in your application received by
the Division of Water Quality (DWQ) on July 13, 2009 and subsequent information submitted on August 19,
2009. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Numbers 3689 and 3687, which can be viewed on our web site at
http://h20.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number
3 and 27 once they are issued to you by the U.S. Army Corps of Engineers. 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.

The above noted Certifications will expire when the associated 404 permits expire unless otherwise
specified in the General Certifications. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions.

In addition to the requirements of the certification, you must also comply with the following conditions:

1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.

2. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) above and below locations of each culvert. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes
installed in a perched manner, the pipes shall be removed and re-installed correctly.

Mooresville Regional Office
Location: 610 East Center Avenue. Suite 301. Mooresville. NC 28115
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: www.ncwateraualitv.ora

N~rth Carolina
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3. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course.

4. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
streambed, unless approved by the DWQ.

5. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.

6. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from
DWQ. If approved, they shall be removed and the natural grade restored within two months of the date of
the close ouVstabilization of the given drainage area.

7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.

8. Continuing Compliance. The applicant (Charlotte Douglas Airport, Elmo Langley) shall conduct all 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 applicant and the US Army Corps of
Engineers, 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 the
applicant in writing, shall be provided to the United States 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.

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 of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,

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for Coleen H. Sullins

Attachments

cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality