20041053 Ver 2_Approval Letter_20120627

A 9V
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild
Governor Director
June 27 2012
Mr Danny Rogers
City of Charlotte Charlotte Area Transit System
600 East Fourth Street
Charlotte North Carolina 28202
Dee Freeman
Secretary
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act to and Isolated Wetlands Permit Pursuant to IWGP100000 with
Additional Conditions for the Proposed Construction of the CATS Blue Line
Extension Northeast Corridor Light Rail Project, City of Charlotte, Mecklenburg
County, NCDWQ Project No 04 1053
Dear Mr Rogers
Attached hereto is a copy of Certification No 003930 issued to The City of Charlotte dated June
27 2012
If we can be of further assistance do not hesitate to contact us
Sincerely
C
,.Charles Wakild
Director
Attachments
cc Amanda Jones US Army Corps of Engineers Asheville Field Office
Chris Militscher Environmental Protection Agency (electronic copy only)
Marla Chambers NC Wildlife Resources Commission (electronic copy only)
Marella Buncick US Fish and Wildlife Service (electronic copy only)
Sonia Carrillo NCDWQ Transportation Permitting Unit
Brandon Phillips STV /Ralph Whitehead Associates
Alan Johnson Mooresville Regional Office
File Copy
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone [phone] Fax [phone] Customer Service 1877-623 6748
Internet http //portal ncdenr org /web/wq
An Equal Opportunity 1 Affirmative Action Employer 50 / Recycled /10 / Post Consumer paper
No hCarohna

Mr Danny Rogers
Page Two
031
t
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and
Isolated Wetlands Permit Pursuant to IWGP100000 with ADDITIONAL CONDITIONS
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 City of Charlotte to
permanently impact 3 268 linear feet of jurisdictional streams 0 44 acres of jurisdictional wetlands
and 0 09 acres of jurisdictional isolated wetlands Mecklenburg County The project shall be
constructed pursuant to the application received December 22 2011 and additional information
received March 15 2012 and June 8 2012 The authorized impacts are as described below
Stream Impacts in the Catawba River Basin
4 � � 3
Stream No / "
Stab on No s/Figure
� �4. �r }�.S F
Permanent Mil in
- � .c v s,
k�Intennittent Stream
���
-'(linear ft�
�4a-�
Temporary F ll in
k� a trz� 'w s.
Intermittent
Stream 1-'
�'��'v'�
r Permanent FIII mfi
n, 1r �v � i. iC�r
P(IineaSft) amp
(Temporary
i" �- ,�
�GPereo iaiSmpa
Total ,;
�i .w,.im d
t
Stream impacts
^�C Y,
1 s� Mrtigatr n��
ENO
r "'
ftj� �
t
5 � �� 4� 7
_
RAStream
.,
�,�' (Imear ft)
} �
} (linear ftjL
_,(Iinear
Stream C /Station
104 If (culvert plunge pool
104 If
0
1038 +00 /Fi ure 14
and utility crossing)
Stream D /Station
396 If (relocation for
396 If
396 If
1034 +00 to
embankment)
1038 +00 /Fi ure 14
Stream J /Station
103 If (fill/culvert)
103 If
0
1101 +75 to
1102 +50 /Fi ure 16
Stream K/Station
44 If (culvert/nprap)
44 If
0
1101 +00/Figure 16
Stream N /Station
77 If (relocation for
77 If
0
1123 +00 /Fi ure 17
embankment)
Stream A/Stations
1042 +10 and
791 If (culvert)
123 If (cuivert/nprap)
914 If
914 If
1142 +10 to
1149 +90 /Fi ure 18
Stream P /Station
1 564 If (relocation
1 564 If
1 564 If
1180 +50 to
for embankment)
1192 +80 /Fi ure19
Stream Z/Station
50 If (culvert nprap
50 If
0
1230 +80 /Fi ure 20
realignment)
Little Sugar Creek
16 If (nprap)
16 If
0
stream /Station
24+10/Figure 23
Total
2 878 If
0
390 if
r 0
3 268 If
2 874 If
Total Stream Impacts for the Catawba River Basin 3,268 linear feet

Mr Danny Rogers
Page Three
Wetland Imaacts in the Catawba River Basin (Non- Riverine)
J
f 7 l
Parmanent FdUExcavation/
I r
Temporary Impacts
1
Total Wetiandf�
F
Wetland Impacts
Wetland Site No /
Permanent Fill/Excavation/
Temporary Impacts
Total Wetland'
Wetland Impacts
Station NoJFigure No
Clearing Impacts
(ac)
Impact (ac)
Requiring Mitigation (ac)
(ac)
t
Wetland Y /Station 0 14 ac (fill) 0 14 ac I 0
1129 +10 to
Wetland A/Stations
1142 +10 to 1149 +90 and 0 24 ac (fill) 0 24 ac 0
1149 +75 to
1152 +40 /Fi ure 18
Wetland E /Station 0 06 ac (fill) 0 06 ac 0
2003 +00 /Fi ure 21
Total 0 44 ac 0 i 0 44 ac 0
� k
t
Total Wetland Impacts for the Catawba River Basin 0 44 acres
Isolated Wetland Impacts in the Catawba River Basin
f
Wetland Site NoJ
f 7 l
Parmanent FdUExcavation/
I r
Temporary Impacts
1
Total Wetiandf�
F
Wetland Impacts
Station NoJFigure No
Clearing Impacts
Temporary Impacts
Impact (ac)
Requiring Mitigation (ac)
i '
{k(ac)
r
b t I X {r
a
(ac)
o 1
Wetland P /Station 0 02 ac (fill) 0 02 ac 0
1192 +80 to 1193 +90
(Figure 19)
- Total 0 02 ac 0' 0 02 ac - - 0
Total Isolated Wetland Impacts for the Catawba River Basin 0 02 acres
Isolated Wetland Imaacts In the Yadkin -Pee Dee River Basin
1
9
Wetland Site No /
Permanent Fill/Excavation/
Temporary Impacts
Total Wetland
Wetland Impacts
Station No /Figure No
Clearing impacts
i(ac)
Impact (ac)
Requiring Mitigation (ac)
(ac)
Wetland R/Station
0 07 ac (fill)
0 07 ac
0
3132 +70 /Fi ure 22
n
Total
0 07 ac
0
0 07 ac
0
Total Isolated Wetland Impacts for the Yadkin Pee Dee River Basin 0 07 acres
Total Wetland Impacts for both the Catawba and Yadkin -Pee Dee River Basins 0 53 acres
The application provides adequate assurance that the discharge of fill material into the waters of
the Catawba River Basins and wetlands in the Catawba River Basin and 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

Mr Danny Rogers
Page Four
This approval is only valid for the purpose and design that you submitted in your application dated
December 22 2011 and additional information received March 15 2012 and June 8 2012
Should your project change you are required to notify the 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) exceed one acre or 150 linear feet
respectively additional compensatory mitigation may be required as described in 15A NCAC 2H
0506 (h) (6) and (7) For this approval to remain valid you are required to comply with all the
conditions listed below In addition 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
Conditions of Certification
1 This certification does not authorize any impacts to Jurisdictional resources associated with
the construction of a multi -use path If the multi use path is proposed in the future and the
construction of the path would require impacts to Jurisdictional resources a permit
modification request (and appropriate mitigation if necessary) will be required
2 Impacts to Streams N and P are associated with fill and are being relocated The streams
are referenced as stabilized swale on Plan Sheets 17 and 19 It is important to note that
these streams remain as Jurisdictional and shall not be managed as grassed swales or
other stormwater management features
3 As indicated in the revised plans details for non standard drainage structures which
discharge to Jurisdictional resources shall be provided to DWQ prior to construction to
determine if the resources will be adversely impacted by their installation Plan revisions
and /or a permit modification may be required if DWQ determines that such measures will
adversely impact Jurisdictional resources
4 All nprap used in streams for plunge pools and other energy reducing measures shall be
buried below the streambed elevation to allow for low flow of water and aquatic passage
5 All nprap used for streambank stabilization ditchline stabilization along streambanks and
floodplain bench construction shall be of sufficient size to prevent migration of the riprap
into the active stream channel
6 Any temporary stream impacts associated with the installation of the aerial wastewater
crossing on Jurisdictional Stream C as well as any other temporary stream or wetland
impacts associated with utility relocations and /or construction will require the submittal of a
permit modification request
7 Coir fiber matting shall be used for all streambank stabilization as indicated on the plans
Additionally coir fiber matting shall be used for stabilization purposes where all non
Jurisdictional ditches or grassed swales tie into Jurisdictional streams
8 The installation of erosion control measures in Jurisdictional resources is prohibited with the
exception of cofferdams as indicated on the plans

F�
Mr Danny Rogers
Page Five
�I II
9 The post construction removal of any temporary bridge structures must return the project
site to its preconstruction contours and elevations The impacted areas shall be
revegetated with appropriate native species
10 No drill slurry or water that has been in contact with uncured concrete shall be allowed to
enter surface waters This water shall be captured treated and disposed of properly
11 Bridge deck drains shall not discharge directly into the stream Stormwater shall be
directed across the bridge and pre treated through site appropriate means (grassed
swales pre- formed scour holes vegetated buffers etc ) before entering the stream
Please refer to the most current version of Stormwater Best Management Practices
12 A copy of the final Stormwater Management Plan must be submitted to NCDWQ prior
to construction
13 Compensatory mitigation for 2 874 linear feet of impact to streams We understand that
Charlotte Mecklenburg Storm Water Services has agreed to implement the stream
mitigation for the project Charlotte - Mecklenburg Storm Water Services has indicated in a
letter dated May 25 2012 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above referenced project
14 At Stream P a rock drop structure will be installed to step the stream down into the
culvert NCDWQ will require an environmental professional with expertise in the
installation of these types of structures to be present during its installation Additionally
the environmental professional must notify NCDWQ (Mooresville Regional Office) of the
proposed installation so that a site visit can be conducted to ensure compliance
15 All culverts 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 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
16 if multiple pipes or barrels are required they shall be designed to mimic the natural stream
cross section as closely as possible including pipes or barrels at floodplain elevation
and /or sills where appropriate Widening the stream channel shall be avoided Stream
channel widening at the inlet or outlet end of the structure(s) typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts
aquatic life passage
17 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

Mr Danny Rogers
Page Six
18 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
19 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
20 The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval
21 Heavy equipment shall be operated from the banks rather than in the stream channel in
order to minimize sedimentation and reduce the introduction of other pollutants into the
stream
22 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 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
23 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
24 No rock sand or other materials shall be dredged from the stream channel except where
authorized by this certification
25 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited
26 The permittee and its authorized agents shall conduct its activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act) and any other appropriate requirements of State and
Federal law If NCDWQ 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 NCDWQ may
reevaluate and modify this certification
27 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1
unless otherwise authorized by this certification
28 A copy of this Water Quality Certification shall be maintained on the construction site at all
times In addition the Water Quality Certification and all subsequent modifications if any
shall be maintained with the on -site project manager
29 The outside buffer wetland or water boundary located within the construction corridor
approved by this authorization 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
30 The issuance of this certification does not exempt the Permittee from complying with any
and all statutes rules regulations or ordinances that may be imposed by other
government agencies (i a local state and federal) having jurisdiction including but not
limited to applicable buffer rules stormwater management rules soil erosion and
sedimentation control requirements etc

Mr Danny Rogers
Page Seven
31 The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery
32 Upon completion of the project (including any impacts at associated borrow or waste sites)
the Permittee (or their authorized agent) shall complete and return the enclosed
Certification of Completion Form to notify NCDWQ when all work included in the 401
Certification has been completed
33 There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification Should waste or borrow sites
or access roads to waste or borrow sites be located in wetlands or streams compensatory
mitigation will be required since that is a direct impact from road construction activities
34 Native riparian vegetation must be reestablished in the riparian areas within the
construction limits of the project by the end of the growing season following completion of
construction
35 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
36 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 Permit This
Certification shall expire upon the expiration of the 404 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

Mr Danny Rogers
Page Eight
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile (919) 733 -3478
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 -1601
This the 27th day of June 2012
DIVISION OF WATER QUALITY
(:�_Gharles Wakild
Director
WQC No 003930