20150931 Ver 1_Approval Letter_20151113

North Carolina.Department of Environmental Quality
Pat McCrory
Governor
November 13, 2015
Mr. Richard Hancock, PE
Project Development and Environmental Analysis
North Carolina Department of Transportati�n
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Donald R. van der Vaart
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to I-77 in Mecklenburg County, Federal Aid
Project NHF-077-1(209)9; WBS No. 45454.1.1, TIP I-5405.
NCDWR Project No. 20150931
Dear Mr. Hancock:
Attached hereto is a copy of Certificatio� Ne. WQC004036 issued to The North Carolina Department of
Transportation (NCDOT) dated November 13, 2015.
This Individual Certification applies only to the [-5405 section of the [-77 HOT Lanes project, as the North (I-
4750AA) and South (I-3311 C) has no finalized design with discernible impacts to review. It is noted that mitigation
has been approved based impacts presented to the Division of Mitigation Services, DMS (formerly Ecosystem
Enhancement Program, EEP) under I-3311 C, before phasing the project into 3 separate pieces. The majority of the
impacts are from the southern section, wnose design has not been finalized. Please be advised that before work can
begin on the North or South section, modifications must be made to this individual certification as weli as an
updated mitigation letter as they pertain to an approved final design for the associated section(sl.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
.� .
. �
� S. Jay Zimmerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Officer
Carla Dagnino, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
. l�onna Hood; NC Division of Water Resources Mooresville Regiona� Office
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet; www.ncdenr.gov
An Equal Opportuniiy \ AKrmative Action Employer

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDIT[ONAL
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 Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.07 acres of jurisdictional wetlands and
410 linear feet of jurisdictional streams in Mecklenburg County. The project shall be construc±ed pursuant to the
applica[ion dated received September 9, 2015. The authorized impacis are as described beluw:
Stream [mpacts in the Catawba River Basin
Permanent Hill Temporary Fill Permanent Fill Temporary Fill Total Stream Stream Impracts
in Intermittent in Intermittent in Perennial in Perennial Requiring
Site Stream Stream Stream Stream ���t Mitigation
I�near ft I�near ft I�near ft I�near ft ���near ft) ���near ft
�� ) �� ) �� ) �� ) )
2-C 60 60 0
3-C 150 150 0
4-C 33 33 33
5-C 35 35 35
6-C 26 26 26
7-C 91 91 91
TOTAL 68 0 117 210 395 185
Total Stream Impact for Project: 395 linear feet
Wetland Impacts in the Catawba River Basin
Total Impacts
���! Excavation Mechanized Hand �yetland Requiring
� Site i F�II ;a�) I(�e (ac)ary) (ac) Clea�ring (ac) CI(ac)rg � impact Mlitigati�u
ac ac
1-C 0.01 0.06 0 0 0 0.07 0.01
Total 0.01 0.06 0.00 0.00 0.00 0.07 0.01
Total Wetland Impact for Project: 0.07 acres.
The application provides adequate assurance that the discharge of fill material into the waters cf the Catawba 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 conditior.s hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received
September 9, 2015. Should your project change, you are required to notify the NCDWR 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). Additional buffer impacts may
require compensatory mitigation as described in 15A NCAC 2B .0243. 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
lccal permits before proceeding �vith your project including ('�ut 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:
General Conditions
1. Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be �laced below the elevation of the streambed by one foo± for all culverts with a
diameter greater than 48 inches, and 20 percent uf the culvert diarrieter for cuiverts 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-equiliorium 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 NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, nlease contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[ 15A NCAC 02H.0506(b)(2)]
2. 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. [15A NCAC 02B.0200]
3. 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. [15A NCAC 02H.0506(b)(2)]
4. 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. [15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
. stream �t�b�lization shal! 1�e placed in �tream channels in su�h a manner thaT it does not impedP
aquatic life passage. [ I SA NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
��)�2)�
7. 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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. 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. [15A NCAC
02H.0506(b)(3)]
9. 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.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
1 i. Discharging hydroseed rnixtures and washing out hydraseeders and oth�r ec�uipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State wa.er'
quality standards (including any requirements resulting from compliance with §303(d) ofthe Gean Water
Act) and any other appropriate requirements of State and Federal law. [f the NCDWR 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 NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on The construction site at all times. In
addition, the Water Quali'ry Certification and ali suosequent modifications, if any, shall be maintaiued wiYh
the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visib(e fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and .0502]
16. 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.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502( fl]
19. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) must be reestablished in
._ .. . ±he riparian areas within ±he constructior. limits of the nrnjecr ry the end of the growing season follo�ving
completion of construction.[ .[15A NCAC 02B.0231(b)(6)J
20. 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.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. 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 [15A NCAC 02H.0506(b)(3) and (c)(3]):
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 1�'orth Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, instaliation, 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 Curolina Sediment and Erosion Contro! 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 rnust compiy with tne reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
22. Sediment and erosion cc�ntrol measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]

V iolations 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 Federa1404 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 oifice of Administrative Hearings within sixt�� (66) 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
Adminis±rative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S: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: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 13th day of November 2015
DIVISION OF WA'TER RESOURCES
/ i,,� �
�S. Jay Zimmerman, Director
u-�
WQC No. 004036

North Carolina Department of Environmental Quality
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Donald R. van der Vaart
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessarv to send certificates from all of these. �
ApplicAnt's Certificafion
l, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
A�e�?t's l'ertiftcatin.n
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and speciFcations, and other supporting materials.
Signature Registration No. Date
1617 Mail Service Center, Raleigh, Norfh Carolina 27699-1617
Phone: [phone] \ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer