20030818 Ver 1_Certification of Completion_20020604

\o~QF v`J A T ~qpG
~ ~
~ r
O ~
eZ~~ Michael F. Easley
_ Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
DWQ Project No.:
Applicant: NL
Project Name: __~
Date of Issuance of 401
County: ~ ~Ck~ n U ra
Water Quality Certification:
/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/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project eagineer.It is not necessary to send certificates from all of these.
Applicant's Certify~ation
I, ~• ~' ~~'^~ ~ hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the constructiun 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 pl specifications, and other supporting materials.
Signature:_ ~/ ®~ date: 5-23-0"'7
Agent's Certification
I, Ir,ereby 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:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, ect.) in the State o[ North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction o[ the project, [or the Permittee hereby state that, to the
best o[ my abilities, due care and diligence wa_s 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 Butler Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No. Date `~~
I~;1~~~7~~~
,ll;
JUN 0 4 20(?i
~- ~r~r< -WATER t)t
'+IQ , , - ~ ~.,,tyOS AND ST;1?„
NCDENR
Divisicn elYlater Oual~y 1650 Mail Service Center Raleigh, NC 27699-1650

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 13, 2006
DWQ # 03-0818
Mecklenburg County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Ms. Trish Simon, DEO
NCDOT, Division 12
PO Box 47
Shelby, NC 28151-0047
Dear Ms. Simon:
On June 26, 2003 you requested a 401 Water Quality Certification from the
Division of Water Quality (DWQ) for your project on I-95 Access Road located in
Mecklenburg County. We wrote you on July 2, 2003 discussing concerns that we have
regarding the design of the project and placing it on hold until those concerns are
addressed. Therefore we are returning your application. Once you have collected
sufficient information to have a complete application (please see our hold letter for the
missing information), you will need to reapply for the DWQ approval. Your file is
hereby retired and will not be reviewed until our earlier concerns are addressed.
Please contact me at 919-733-1786 if you have any questions or would like to
discuss this matter.
ely,
72'C nilaz
John Hennessy
Transportation and Permitting Unit
cc: Wilmington District Corps Of Engineers
USACE Asheville Field Office
NCDWQ Mooresville Regional Office
Central Files
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
N�am�`l,Carolina
!Naturally
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

* V`1 A.7- - Michael F. Easley, Govemor
9 William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
1 Division of Water Quality
.c Coleen H. Sullins, Deputy Director
Division of Water Quality
July 2, 2003
Mecklenburg County
DWQ Project No. 030818
I-485 Access Road (R-2248BB)
CERTIFIED MAIL: Return receipt requested
Ms. Trish Simon, DEO
NCDOT Division 12
P.O. Box 47
Shelby, NC 28151-0047
Dear Ms. Simon:
The Division of Water Quality staff has reviewed your submittal for a §401 Water Quality
Certification for the aforementioned project received July 1, 2003. Review of the water quality
certification application revealed the following deficiencies:
1. DWQ staff believe that the impacts are part of the R-2248BB project ("but for" the I-485
project, these impacts would not be incurred). An Individual Water Quality Certification
was issued in 2001 (DWQ Project No. 011231). Therefore, mitigation for the additiona167
linear feet of stream impacts will be required. Please send a plan for compensatory stream
mitigation.
2. Thomas Pond is classified as WS-IV and drains to Long Creek, which is on the 303(d) list
of impaired waters. In accordance with 15A NCAC 2B .0216 (3)(b)(i)(G), public road
projects such as road crossings shall divert runoff away from surface waters. Additionally;
thirty-foot (30') vegetative buffers are required on waters classified as WS-IV (15A NCAC
2B .0216 (3)(b)(i)(H)). Please send seven (7) copies of a hydraulic design plan depicting
how storm water run off will be treated prior to reaching the stream.
Pursuant to 15A NCAC 2H .0507(a)(3), the permit application is placed on hold until we are supplied the
necessary information. Furthermore, until the information is received by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers continue to place the
permit application on hold.
We look forward to working with you to expedite the processing of your permit application. If you have
any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786.
cerely
orney
Quality Certificati
cc: Wilmington District Corps of Engineers
Steve Lund, USACE Asheville Field Office
NCDWQ Mooresville Regional Office
File Copy
n Program
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748

FIE M
030818
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611-5201 LYNDO TIPPETT
GOVERNOR
SECRETARY
P.O. BOX 47, 1710 East Marion Street
Shelby, N. C. 28151-0047
June 26, 2003 WelANDS/401 GROW
- JUL U l 2003
Mr. Steve Lund - NCDOT Projects"' I
US Army Corp of Engineers, Asheville Regulatory Field Office rERQQUALI
� /7 ON
151 Patton Avenue, Room 208
Asheville, N. C. 28801-5006
Dear Mr. Lund:
Per your request, the North Carolina Department of Transportation, Division of Highways, proposes
the following project for your issuance of a Section 404 Permit. We believe this project can be
accomplished under Nationwide #14 Permit, Linear Transportation Crossings, and Nationwide #33
Permit, Temporary Construction, Access, and Dewatering.
COUNTY: Mecklenburg
LOCATION: New pipe for residential access road adjacent to I-485 construction project
(TIP R-2248BB)
STREAM: Thomas Pond drainage to Long Creek, Class WS-IV Waters (Entire pond
and connecting drainage to Long Creek), Catawba River Basin
brio, Crest 15 cwn 303 60 "St --
PROJECT DESCRIPTION: The project consists of the placement of a new 17.43 meter (57.18
feet) residential road access pipe with inlet concrete headwall on private property adjacent to the I-
485 project (TIP R2248BB). An existing residential access road is located on the dam of Thomas
Pond, which is currently being drained and filled as part of the R-2238BB project; therefore, the
access road must be relocated. Right of way negotiations for the I-485 project resulted in the
addition of this pipe in the plan sheets after the individual permit (USACE Permit No. 200131321;
DWO ProjectNo 011231) was obtained for the TIP project. The new residential access road will be
constructed approximately 150 feet downstream of the existing access road. Approximately 10
linear feet of riprap will be placed on the streambank at the pipe outlet for structure stabilization. A
stream profile was established by measuring thalweg elevations at various points approximately 100
feet upstream and downstream of the proposed pipe location (see enclosed sheet). The proposed
pipe will be buried one foot below the natural streambed based upon this profile.
PAYMENT
RECEVV

Mr. Steve Lund
Residential Access Road (I-485 project) - Page 2
June 26, 2003
Temporary cofferdams will be used to restrict stream flow and a temporary pipe will divert the
stream around the work site during construction. Upon project completion, the areas impacted the
temporary cofferdam will be restored to pre -construction conditions. Enclosed is a PCN application,
sketches of planned activities, and location maps relative to the proposed project.
A biological conclusion of No Effect was reached for each of the federally protected endangered
species listed for Mecklenburg County: Carolina Heelspliter (Insimigona decorata), Schweinitz's
sunflower (Helianthus schweinitzii), Smooth Coneflower (Echiniacea laevigata), and Michaux's
sumac (Rhus michauxii). (See enclosed R-2248B memorandum dated May 26, 2000, which
references the Administrative Action Final Environmental Impact Statement prepared by NCDOT,
January 1992). __-.._... —
A review of the available information from the National Register of Historic Places was conducted. It
is anticipated that no site listed on or eligible for the National Register will be affected by the
proposed project. In a letter dated August 23, 1990 referencing the Individual Permit application for
the R-2248 BB, C, and D project, the State Historic Preservation Office concurred with the findings
in the draft environmental impact statement concerning historic properties and archaeological sites in
the study area except for one property, the Dr. Sandifer House. An alternative alignment was chosen
which avoided this property. The Dr. Sandifer House is located off of Moore's Chapel Road, south
of I-85. The proposed residential access road is located off of Mount Holly Road (Hwy 27) north of
I-85, and will not impact this historic site.
Your earliest consideration for this request would be greatly appreciated. Should you have any
questions, please call me at 704-480-9020.
BY:
Respectfully yours,
M.L. Holder, P.E.
Division Engineer
Twelfth Division
Trish Simon
Division 12 Environmental Officer

Mr. Steve Lund
Residential Access Road (1-485 project) — Page 3
June 26, 2003
Enclosures
cc: Mr. Michael L. Holder, P.E., Division Engineer
Mr. Dan Grissom, P.E., Division Construction Engineer
Mr. John Dorney, DENR,DWQ,401/Wetlands Unit (7 copies)
Mr. Ron Linville, Wildlife Resources Commission
Mr. Brian Cole, U.S. Fish & Wildlife Service
Mr. Neil Trivette, Roadside Environmental Field Engineer
File

r
Office Use Only:
Form Version October 2001
USACE Action ID No. DWQ No.0 3 0 81 8
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
Z Section 404 Permit
❑ Section 10 Permit
® 401 Water Quality Certification
❑ Riparian. or Watershed Buffer Rules ,.
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #14 #33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: n
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII — Mitigation), check here: n
II. Applicant Information
1. Owner/Applicant Information
Name: Mike Holder, NCDOT
Mailing Address: P.O. Box 47
Shelby, NC 28151
Telephone Number: 704-480-9020 Fax Number: 704-480-5401
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Trish Simon
Company Affiliation: NCDOT
Mailing Address: P.O. Box 47
Shelby, NC 28151
Telephone Number: 704-480-9044 Fax Number: 704-480-5401
E-mail Address: [e-mail]
Page 1 of 8

M. Project information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: New Pipe Installation, Private Entrance on Cline Property (In conjunction
with I-485 Project; R-2248BB) Mecklenburg County
2. T.I.P. Project Number or State Project Number (NCDOT Only): R-2248BB
3. Property Identification Number (Tax PIN): Refer to R-2248BB
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): Located off of Y-10 Line (Mt.
Holly Road) at Station 10+00. The stream crossing is located at St. 12+36 on the proposed
residential access road.
5. Site coordinates, if available (UTM or Lat/Long): 35°17'31'N/80°58'05W
(Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Private property adjacent to I-485 project (TIP: R-2248B)
7. Property size (acres): 1.25 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Thomas Pond drainage to Long
Creek (Entire pond and connecting drainage to Long Creek), WS-IV water
9. River Basin: Catawba
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 8

10. Describe the purpose of the proposed work: The project the installation of a 17.43 meter
(57.18 feet) residential access pipe with inlet headwall on private property adjacent to the I-
485 project (TIP R2248BB). The existing residential access road is being removed as part of
the I-485 construction. Right of way negotiations for the I-485 project resulted in the
addition of this pipe in the plan sheets after the individual permit (USACE Permit No.
200131321, DWO Project No. 011231)) was obtained for the TIP project.
11. List the type of equipment to be used to construct the project: Typical heavy construction
equipment will be used for the road arrPss construction and the pipe placement.
12. Describe the land use in the vicinity of this project: The surrounding area is currently
residential. I-485 construction occurring adjacent to the site.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Permit No. 200131321 and DWQ Project No. 011231 were obtained for the
construction of the R-2238BB section of the I-485 project. An existing residential access road is
located on the dam of Thomas Pond, which is currently being drained and filled as part of the R-
2238BB project. The existing access road will be removed during the construction of this phase
of the project. The new residential access road will be constructed approximately 150 feet
downstream of the existing access road.
As part of the mitigation plan for the R-2238BB project, a stream channel will be constructed in
the drained pond area following natural channel design principles. Plan View Site 9 (Sheet #29)
in Permit No. 200131321 shows the existing residential access road at the bottom of the page
bordering the pond.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
Page 3 of 8

plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts: NONE
Wetland Impact
Site Number
(indicate on map)
Type of Impact*
Area of
Impact
(acres)
Located within
100-year Floodplain**
(yes/no)
Distance to
Nearest Stream
(linear feet)
Type of Wetland***
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-Year-tloodplains-are identified through the Federal Emergency- Man agement-Agencyls.(1.EMA)-Flood..Insurance.Rate-Maps----___
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.femaoov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream
Impact Site
Number
(indicate on
map)
Type of Impact*
Length of Impact
(linear feet)
Stream Name**
Average Width
of Stream
Before Impact
Perennial or
Intermittent?
(please specify)
1
New pipe
57.18 feet
Thomas Pond
drainage to Long
Creek
—3 feet
Perennial
1
Placement of riprap
on strearnbank for
(-10 linear feet)
"
structure protection
1
Temporary coffer
dams
feet (ro 0 feet
beY P posed
pipe inlet and outlet)
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip -rap
dams (separa ely list impacts due to both structure and flooding), relocation (include linear feet before and afier, and net loss/gain)
stabilization activities (cement wall, rip -rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wMww.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., wmxtopozone.com
www.mapquest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: PERMANENT IMPACTS
= 67.18 feet (Pipe length = 57.18 feet Riprap used on stream bank for structure protection =
10 feet): Total temporary cofferdam and stream diversion impacts = 20 feet.
Page 4 of 8

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. NO OPEN WATER IMPACTS
Open Water Impact
Site Number
(indicate on map)
Type of Impact*
Area of
Impact
(acres)
Namc of Waterbody
(if applicable)
Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging
flooding, drainage, bulkheads, etc
4. Pond Creation NO POND CREATION
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): n uplands n stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The existing residential access road is being removed as part of the I-485 construction. Right of
way negotiations for the I-485 project resulted in the addition of this pipe in the plan sheets after
the Individual Permit (USACE Permit No. 200131321 & DWQ Project No. 011231) was
obtained for the TIP project. To minimize sediment impacts during construction, temporary
cofferdams and pump around will be used to manage the stream flow during pipe installation.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
Page 5 of 8

aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
httn://h2o. enr. state. nc. us/ncwetlands/strmgi de. html.
1. _Provide a brief description of the proposed mitigation plan. The description should provide
~ as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
_SAIMPACTS < 150 FEET; MITIGATION NOT ANTICIPATED
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hup://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non -riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federallstate/local)
land?
YesZ No
Page 6 of 8

•
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ❑ No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes No
X. Proposed Impacts on Riparian and Watershed Butlers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state andlocal buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ❑ No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone*
(squareImpact
feet)
Multiplier
Mitiguatio n
1
3
2
1.5
Total
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
NA
Page 7 of 8

XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Approximately 0.5 acres of additional impervious surface is proposed in conjunction with R-
2248BB section of the I-485 project (North Charlotte Outer Loop). Erosion control measures
will be in place as outlined in plan drawing.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
NA
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No
Is this an after -the -fact permit application?
Yes ❑ No El
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

Area of stream for new location of driveway pipe
Upstream of proposed driveway pipe location
(Existing driveway, which is dam of pond in background)
Downstream of proposed driveway pipe location

Jun 2 '03
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9:28 P.03
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Num.
CoOat'trJ aTES
tirl E1J. ID Esc..
9097, 172873.2582230, 430873.1929060, 201.1490327, END PIPE
9098, 172883.2247530, 430658.8986140, 201.1211162. END PIPE
9099, 172904.8979250, 430645.4444720, 200.6444204, CA. CREEK
9100, 172907.362213o, 430641.2324740. 200.515723e, CA. CREEK
9101, 172098.7192870, 430650.8414870, 200.6672638, CA CREEK
9102, 172690.1142500, 430655.5127040, 201.1081061, C/L CREEK
9103, 172887.2593090, 430658.0749750, 201.1485133, CA. CREEK
9104, 172884.1813790, 430660.8813090, 201.7459511, TOP BANK
9105, 172883.51334130. 430689.7262370, 201.2099660, EDGE
9106, 172083.2301280, 430857.8715730, 201.24E4037, EDGE
9107, 172882.0202330. 430656.1411590, 201.9573586, TOP BANK
9108, 172877.9830770, 430660.5249540, 201.1892451, CAL CREEK
9109, 172674.9220200. 430606.8860960, 201.1842554, CA CREEK
9110, 172874.8853010, 430674.5587540, 202.0231490. TOP BANK
9111, 172673.9515680, 4306742287100, 201.1862974. EDGE
9112, 172872.0332830, 430673.3209600, 201,2785157, EDGE
9113, 172871.1548080, 430E172.8779020, 201.69134534, TOP BANK
— — —--9114,i-172870.7255570,-430682.3656260, 201.1460020, CJL CREEK
9118, 172867.7224790, 430889.7854290, 201.2915289, CA. CREEK
9118. 172881.5806870, 430608.8737970, 201.3383015, C/L CREEK
9117, 172E158.2197040, 430701.2871110, 201.4058216, C/L CREEK

LHHGHWAYS
'ROFILE OF
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apR-224888
B/J672205
NHF-117-/(36) 1 PE
6.67600IS
N/A
R/W
611672211
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CONEr.
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FOR THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
202 STANDARD 31ECIPICATION3
RIGHT OF WAY DATE:
12-10-97
LETTING DATE:
JUNE 18, 2002
REITH F. HUDSON
PROJECT SAGTh !
KEVIN J. VAN METRE, P.E-
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WILLIAU a. S UARGARET N. CLNE -�)//
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Buns TO BE STABILIZED
THRaILN USE OF LIVE STAKES
New access road
PLAN VI.EWiNew r1r/
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NORTH CAROLINA
PEPARTMENT OF HIGHWAYS
MECKLENBURG COUNTY
8.U672205 1R-2248BB)
WEST CHARLOTTE OUTER LOOP FROM NORTH OF US 29/74
MUNSON BOULEVARD) TO NORTH OF-85
020
SCALE AS 5ND/M
SIC I 29 OF A

Permittee
200131321
Permit No
Co'?Y of ntdi✓kJua/ Pe 1-
t84
DEPARTMENT OF THE ARMY PERMIT
NC Department of Transportation
CESAW-RG-A
Issuing Office
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
To discharge dredged or fill material into 11.96 acres of wetland, 17,252 linear feet of steam channel and
19.28 acres of open water in the waters and adjacent wetlands of Paw Creek, Long Creek, Dixon Branch and
unnamed tributaries to facilitate the construction of approximately 8 miles of the North Charlotte Outer Loop (1-
485).
Project Location:
Between Interstate Highway 85 (1-85) on the west and NC Highway 115 (Old Statesville Road) on the east at
Charlotte. Mecklenburg County, North Carolina (TIP No. R-2248 BB/C/D).
Permit Conditions:
General Conditions: •
December 31, 2005
1. The time limit for completing the work authorized ends on If you find that you need
,. more time to complete the authorised activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You arc not relieved of this requirement if you abandon the permitted activity, although you may make
• good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places,
ENG FORM 1721, Nov e6
EDITION OF SEP 82 15 OBSOLETE.
(33 CFR 325 (Appendix -A)J
I

185
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
See enclosed sheet.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(x) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization. .
a. This perrnit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any exis:o:,g or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this perrnit.
d. Design or construction deficiencies associated with the permitted work.
2

e. Damage claims associated with any future modification, suspension, or revocation of this permit
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
coat.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE)
NC DEPARTMENT OF TRANSPORTATION
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT ENGINEER)
JAMES W. DELONY, COLONEL
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property, To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
3
rill S GOVERNMENT PRINTING CFFCE 19ee — 717-425

187
ACTION ID: 200131321; TIP NO. R-2248BB/C/D
SPECIAL CONDITIONS
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit.
2. All conditions of Section 401, Clean Water Act, Water Quality Certification No. 3328, issued
by the North Carolina Division of Water Quality on September 6, 2001, will be regarded as
conditions of this Department of the Army permit:
3. The permittee shall schedule a preconstruction meeting between their representatives, the
contractor and a representative of the Corps of Engineers, Asheville Regulatory Field Office
prior to any work in jurisdictional waters and wetlands to ensure that there is a mutual
understanding of all terms and conditions contained in this Department of the Army permit. The
permittee shall notify the Corps of Engineers a minimum of thirty (30) days in advance of the
meeting.
4. The permittee and his contractors and/or agents shall not excavate, fill or perform land
clearing at any time in the construction or maintenance of this project within waters and/or
wetlands except as authorized by this permit or any modification to this permit. There shall be
no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit.
5. To ensure that all borrow and waste activities occur on uplands, except as authorized by this
permit, the permittee shall require its contractors and/or agents to identify all areas to be used to
borrow material or to dispose of dredged, fill or waste material. The permittee shall ensure that
all such areas comply with Special Condition No. 4 of this permit and shall require and maintain
documentation of the location and characteristics of all borrow and disposal sites associated with
this project. This information will include data regarding soils, vegetation and hydrology
sufficient to clearly demonstrate compliance with Special Condition No. 4 above. All
information will be available to the Corps of Engineers upon request.
6. The permittee shall require his contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project and shall provide
each of his contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit.
7. The permittee will insure that the construction design plans for this project do not deviate
from the permit plans attached to this authorization. Any deviations in the construction design
plans will be brought to the attention of the Corps of Engineers, Asheville Regulatory Field
Office prior to any active construction in waters or wetlands.

18v
8. Adequate sedimentation and erosion control measures must be implemented prior to any
ground disturbing activities to minimize impacts to downstream aquatic resources. These
measures must be inspected and maintained regularly, especially following rainfall events.
9. During the clearing phase of the project, heavy equipment must not be operated in surface
waters or stream channels. Temporary stream crossings will be used to access the opposite sides
of stream channels. Grubbing of riparian vegetation will not occur until immediately before
construction begins on a given segment of stream channel.
10. All temporary diversion channels and stream crossings will be constructed ofnon-erodable
materials. Any such structures located outside of the authorized construction limits will be
reported in writing to the Corps of Engineers, Asheville Regulatory Field Office, together with a
location map and restoration plan.
11. Draining of ponds will be controlled so as not to release more than minimal arnounts.of
sediment and cause no appreciable sediment accumulations in waters or wetlands downstream of
the ponds.
12. All channel relocations will be constructed in a dry work area and stabilized before stream
flows are diverted through them. To the maximum extent practicable, channel relocations will
be completed during the growing season to allow for the establishment of stabilizing vegetation.
Stability shall be achieved during the non -growing season through the use of erosion control
matting or mats of existing field sod. Native species of woody vegetation will be utilized to
provide long-term stream bank stabilization. The NCDOT Project Manager of the Corps of
• Engineers, Asheville Field Office shall be notified in advance by facsimile transmission or
electronic mail of the intended diversion of water into new permanent channels.
*13. The stability and success of the natural channel designs at Site 9/Section BB, Site 16/Section
D, Site 19/Section D and Site 24 /Section D will be monitored by the permittee for a period of 5
years or through two documented bankful flow events. The permittee will prepare a stream
channel monitoring plan and submit it to the Corps of Engineers, Asheville Field Office for
review and approval. This monitoring plan must include reference photo sites, plant survival
analysis and channel stability analysis and must be approved prior to the initiation of any
construction in waters and wetlands.
'14. The permittee shall mitigate for unavoidable impacts to wetlands and functional stream
channel associated with this project by payment to the North Carolina Wetlands Restoration
Program (NCWRP) in an amount determined by the NCWRP, sufficient to perform 17.36 acres
of forested riverine wetland and 24,355 linear feet of warm water stream restoration within
Cataloging Unit 03050101 of the Catawba River Basin. Construction within wetlands and
streams shall begin only after the permittee has made full payment to the NCWRP and the
NCWRP has provided written confirmation to the Corps that it agrees to accept responsibility for

' _89
3
the required mitigation work in compliance with the MOU between the North Carolina
Department of Environment and Natural Resources and the United States Army Corps of
Engineers, Wilmington District, dated November 4, 1998.
*'is. In order to compensate for unavoidable impacts to non-riverine, forested wetlands, the
perrnittee will purchase the 7 acres of wetlands known as.the Ridge Road Swamp located north
of the intersection of Ridge Road (SR 2601) and Beard Road (SR 2463) in Mecklenburg County
and an additional 34 acres of forested upland buffer around this wetland. Proof of ownership,
ncluding a.boundary.survey,_will be, provided to the Corps of Engineers, Asheville Regulatory
Field Office. The perrnittee will pursue the transfer of the Ridge Road Swamp Mitigation Area
to an appropriate conservation organization for management as a natural areas preserve. This
transfer should be completed within 1 year of the date of this permit. The terms of the property
transfer must be approved by the Corps. The owner of the property will be responsible for
preserving it in its natural state in perpetuity.
16. In order to compensate for the loss of open water (ponds), the permittee will restore the
natural stream channel, including appropriate floodplain, through all ponds drained as a result of
the authorized road construction. All channel restorations will be designed and constructed
according to the North Carolina Wildlife Resources Commission's "Guidelines for Stream
Relocation and Restoration in North Carolina, January 1999" and in consultation with the
Commission's Regional Stream Restoration Coordinator.
17. Concrete box culverts will be constructed so that the bottom of the culvert is one foot below
the bed of the stream. If not restricted by bedrock, metal pipe culverts should be buried a
sufficient depth to allow the accumulation of natural substrate and the passage of indigenous
aquatic life during normal flow conditions. Double -cell box culverts will be constructed so that
normal and low flows are diverted through only one cell. Triple -cell box culverts will be
constructed so that normal and low flows are diverted through only two cells.
IS. In order to allow for continued movement of bed load and aquatic organisms, existing stream
channel widths and depths will be maintained at the inlet and outlet ends of culver?S. Riprap
armoring of streams at culvert inlets and outlets shall be minimized in favor of bioengineering
techniques such as bank sloping, erosion control matting and revegetation with deep-rooted,
woody plants.
19. Where practicable, storm water shall be directed to vegetated buffer areas or retention basins
and not directly into water supply or state -designated impaired waters or their tributaries.
20. All mechanized equipment operating near surface waters shall be regularly inspected to
prevent contamination of streams from leakage of fuels, lubricants, hydraulic fluids or other
toxic materials.

130
4
)(21. In order to assess impacts to state -designated impaired waters from the authorized
construction, the permittee will conduct environmental monitoring of waters adjacent to the
project area for the life of the project (until the roadway is paved and open to traffic). The
permittee will prepare a monitoring plan designed to assess changes in water quality and aquatic
biology from highway construction activities. The monitoring plan should identify the
parameters to be analyzed, locations of sampling stations, frequency of sampling, descriptions of
the sampling and analytical procedures used and a schedule for reporting sampling results. This
monitoring plan must be reviewed and approved by the Corps of Engineers, Asheville
Regulatory Field Office prior to any construction activities in waters and wetlands. -Based on the --
monitbrihg'results, the Corps may direct the permittee to take appropriate action to remediate
adverse construction -related impacts.

WAIF + 91 Michael F. Easley, Governor
�10"0 LWilliam G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
CO � Gregory J. Thorpe, Ph.D.
IL.JI�WI Il`./V`I — Acting Director
.0 Division of Water Quality
Mr. William D. Gilmore, P.E., Manager
NCDQT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Mr. Gilmore:
September 6, 2001
i
OCT 0 5 2001
CESAw-CO-AA
Re: Water Quality Certification Pursuant to §401 of the Federal Clean Water Act,
Proposed North Charlotte Outer Loop, Mecklenburg County, TIP Nos. R-2248 BB, C, and D
DWQ Project No. 011231-
Attached hereto is a copy of Certification No. 33=8 issued to The North Carolina Department of
Transportation dated September 6, 2001.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
ory J. Thorpe, Ph.D
ng Director
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
DWQ Mooresville Regional Office
Ron Ferrell, Wetlands Restoration Program
Central Files
File Copy
North Carolina Division of Water Quality, 401 Wetlands Cenitcation Unit.
16E0 Mail Service Center, P.aleich, NC 27699-1E50 (Mailing Address)
7-2 Crn^.ron RIvr.. Raleich. NC 27604-22E0(Locaticn)

192
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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
(DWQ) Regulations in 15 NCAC 2H, Section .0500. This certification authorizes the NCDOT to
impact 11.96 acres of jurisdictional wetlands through permanent fill, excavation, and mechanized
clearing; impact 20.28 acres of surface waters: and fill 17,072 linear feet of stream channels in
Mecklenburg County, as described in Tables Al and A2 of the Application. The project shall be
constructed pursuant to the application dated August 15, 2001 filed to construct the North Charlotte
Outer Loop (TEP Nos. R-2248 BB, C, and D).
The application provides adequate assurance that the discharge of fill material into the waters of the
state 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"setTforth-`-^-'—'"'-' --""""""
This approval is only valid for the purpose and design that you submitted in your application. Should
your project change, you are required to notify the DWQ in writing, and you may be required to
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
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,
Non -discharge and Water Supply watershed regulations. This Certification shall expire three (3) •
years from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding Corps of Engineers Permit, whichever is sooner.
Condition(s) of Certification:
1. The applicant must follow the appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version of the North Carolina Sediment
and Erosion Control Planning and Design Manual or the North Carolina Surface Mining
Manual, whichever is more appropriate (available from the Division of Land Resources
(DLR) in the DENR Regional or Central Offices) and shall be in full compliance with all
specifications governing the proper design, installation and operation and maintenance of
such Best Management Practices in order to assure compliance with the appropriate turbidity
water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout
waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout
waters);
2._ Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural wade restored
after the Division of Land Resources has released the project;
3. Storm water shall be directed to buffer areas or retention basins and should not be routed
directly into streams. Existing vegetated buffers shall not be mowed in order to utilize it for
storrn water sheet flow.

293
4. Ilan environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse. All water quality -related conditions of the
FONSI or ROD shall become conditions of this Certification;
5. Live or fresh concrete shall not come into contact with waters of the state until the concrete
has hardened;
6. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this Certification. Should
waste or borrow sites be located in wetlands or stream, compensatory mitigation will be
required since it is a direct impact from road construction activities.
7. All channel relocations must be constructed in a dry work area, and stabilized before stream
flows are diverted. Channel relocations shall be completed and stabilized prior to diverting
water into the new channel. Whenever possible, channel relocations must be allowed to
stabilize for an entire growing season. Vegetation used for bank stabilization shall be
limited -to -native wo--cidspecies, P ecies, aiid should include establishment of a 30-foot wide wooded
and an adjacent 20-foot wide vegetated buffer on both sides of the relocated channel to the
maximum extent practical. A transitional phase incorporating coir fiber and seedling
establishment is allowable. Also, rip -rap may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any
calculations used to determine the extent of rip -rap coverage requested.
8. Placement of culverts and other structures in waters, streams, and wetlands shall be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life
unless it can be shown to DWQ that providing passage would be impractical. 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 stream
beds or banks, adjacent to or upstream and down stream of the above structures. The
applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
9. During the construction of the project the applicant shall strictly adhere to North Carolina
regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024)
throughout design and construction of the project for activities undertaken in all waters
classified as WS (Water Supply), including Thomas Pond, Long Creek and its unnamed
tributaries.
10. Hazardous Spill Catch Basins shall be required for all stream crossings located in the
"Watersupply Watershed Critical Area (Long Branch and its unnamed tributaries). The final
designs for the Hazardous Spill Catch Basins shall be submitted to the North Carolina
Division of Water Quality 401 Wetlands Unit prior to beginning construction in the
Watersupply Watershed Critical Area. As-builts for the basins shall be submitted to the
North Carolina Division of Water Quality 401 Wetlands Units no later than 30 days after the
construction is completed. _.
11. Prior to any construction activities, the NCDOT shall submit a maintenance plan for all
stormwater management facilities and hazardous spill catch basins associated with the
project. The NCDOT shall be required to irnplement the maintenance plan for the life of the
road.

1.94
12. Mitigation: Compensatory mitigation shall be the same as that approved by the US Army
Corps of Engineers as long as the mitigation required equals a ratio of 1:1 restoration or
creation of lost wetland acres as described in I5A NCAC 2H.0506 (h)(6). A report must be
submitted to the NC Division of Water Quality that describes the final approved wetland and
stream mitigation for this project within two months of the issuance of the 404 pen -nit issued
by the Army Corps of Engineers.
Wetland impacts consist of 11.96 acres, including 8.63 acres of riverine wetlands and 3.28
acres of depressional wetlands. Compensatory mitigation for 8.68 acres of riverine wetlands
will be mitigated for at a 2:1 ration via in -lieu payments to the NC Wetlands Restoration
Program (WRP) in the amount of $416,640.00 ($24,000 per acre). The 3.28-acre
depressional wetland will be mitigated for by acquisition of the Ridge Road Mitigation Site.
Stream mitigation will be provided at a ratio of 2:1 except for those sites that were
determined to warrant a 1:1 ratio or no mitigation by agency review. Compensatory
mitigation for stream impacts will consist of 3,362 linear feet of on -site stream -
relocation/restoration using natural channel design. The stream relocation shall be built and
maintained according to the approved plans before any mitigation credit is given. If this
Office determines that the stream restoration or associated riparian area has become unstable,
the stream shall be repaired or stabilized using only natural channel design techniques if
possible. Additionally, the vegetation in the riparian shall be maintained and/or replaced
according to the approved plans. Rip -rap and other hard structures may only be used if
required by the Division of Land Resources or a Delegated Local Program. Additionally, all
repair designs must be submitted to and receive written approval from this Office before the
repair work is performed. Because the restored stream is proposed as compensatory
mitigation for stream impacts, the restored portion and associated riparian area shall be
preserved in perpetuity through a preservation easement or some other legally binding
mechanism or agreement. The above easement or other legally binding mechanism or
agreement must be in place before any mitigation credit shall be given. Additionally, the
stream physical and biological monitoring plan shall be followed and reports shall be
submitted to this Office after the first year and every other year afterwards for a total' of five
(5) years.
The remaining 22,248 linear feet of stream mitigation shall be provided via in -lieu payments
to the WRP in the amount of$2,781,000.00 ($125.00 per linear foot).
In accordance with'15A NCAC 2R.0500, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H.0506(h). Until the Wetland Restoration
Program receives and clears your check (made payable to DF.NR — Wetland Restoration
Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at
919.733.5083 ext. 358 if you have any questions concerning the,Wetland Restoration
Program. You have two months from the date of this Certification to snake the payment.
`,(13. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of
the project.
14. The permittee shall require its contractors (and/or agents) to comply with all of the terms of
this Certification, and shall provide each of its contractors (and/or agents) a copy of this
Certification.

195
Violations of any condition herein set forth shall 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 Permit. This
Certification shall expire upon the expiration of the 404 Permit.
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 fora 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 the 6th day of September 2001
DIVISION OF WATER QUALITY
WQC No. 3328

STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID McCOY
GOVERNOR
May 26, 2000
MEMORANDUM TO: Gail Grimes, P.E.,- Unit -Head -
Consultant Engineering Unit
ATTENTION: John Conforti, Project Planning Engineer
Consultant Engineering Unit
SECRETARY
FROM: Heather W. Montague, Natural Systems Specialist
Natural Systems Unit
SUBJECT: Water resources and protected species review for a Federal
Highway Administration (FHWA) Right -of -Way Consultation
for proposed North Charlotte Outer Loop in Mecklenburg
County. Federal Aid No. F-117-1(6); State Project No.
8.1672202; TIP No. R-2248 C & D.
REFERENCES: 1) Administrative Action Final Environmental Impact Statement
(fbIS) prepared by NCDOT dated January 1992.
2) Protected Plants Survey prepared by EcoScience dated
November 1998.
3) Section 404 Jurisdictional Area Assessment Summary Report
prepared by EcoScience dated January 1999.
The following memorandum provides information to assist in the preparation of a
FHWA Right -of -Way Consultation for the proposed project. It addresses water resources and
federally -protected species potentially impacted by the project and serves to update the
previously submitted FEIS with respect to these two issues.
WATER RESOURCES
Water resource classifications have not changed since the Jurisdictional Area
Assessment was submitted. There are four streams likely to be impacted by the proposed
project (Table 1). Hydrologic characteristics and existing aquatic communities of these water

resources have been described in the referenced FEIS and in the Jurisdictional Area
Assessment.
•vision of Water Quality Best Usage Classifications
laVlt. S.
Name.:
. DWQ Index No:.
Date
Class
Long Creek
11-120-(2.5)
8/3/92
C
11-120-(0.5)
9/1/74
WS-IV
Dixon Branch
11-120-1
9/1/74
C
Vances Twin Lakes
11-120-1-1
9/1/74
C
Gum Branch
11-120-5
8/3/92
WS-IV
The water quality classification of WS-IV (Water Supplies IV) is assigned to two of the
streams in the project area. This classification refers to those waters protected as water supplies
which are generally in moderately to highly developed .watersheds and are suitable for all Class
C uses. Class "C" refers to waters suitable for aquatic life propagation and survival, fishing,
wildlife, secondary recreation, and agriculture. Neither High Quality Waters (HOW), Water
Supplies (WS-I or WS-lT), nor Outstanding Resource Waters (ORW) occur within 1.0 mile (1.6
km) of the project area.
PROTECTED SPECIES
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered, Proposed Threatened, are protected under provisions of Section 7 and Section 9 of
the Endangered Species Act of 1973, as amended.
As of February 28, 2000, the U.S. Fish and Wildlife Service (FWS) lists five federally
protected species for Mecklenburg County (Table 2). Since the FEIS was completed, the
Carolina heelsplitter (Lasmigona decorata) has been added to this list and the bald eagle's status
has changed from endangered to threatened. Biological Conclusions of "No Effect" were given
for Schweinitz's sunflower, smooth coneflower, and Michaux's sumac in the referenced
Protected Plants Survey. These biological conclusions of "No Effect" remain valid for these
species. Descriptions and biological conclusions for all five protected species are provided
below.
ounty.
laul0 L• 1'4Vl..au� ..v.vv.vv
COMMON -NAME
v(.____.. ___ ________ _ o
. SCIENTIFIC NAME
.STATUS
Bald eagle
Haliaeetus leucocephalus
Threatened
Carolina heelsplitter
Lasmigona decorata
Endangered
Smooth coneflower
Echinacea laevigata
Endangered
Schweinitz's sunflower
Helianthus schweinitzii
Endangered
Michaux's sumac
Rhus michauxii
Endangered
2

Haliaeetus leucocephalus (bald eagle) Threatened
Animal Family: Accipitridae
Date Listed: 3/11/67
Bald eagles are found in North America from Florida to Alaska. The only major nesting
population in the southeast is in Florida, other nesting occurs in coastal areas of Louisiana,
Mississippi, and South Carolina. Migrants and rare nesting pairs do occur elsewhere in the
southeast.
Adult bald eagles can be identified by their large white head and short white tail. The
body plumage is dark -brown to chocolate -brown in color. Immature eagles lack the white head
plumage; the body plumage has a uniform brownish to blackish color with blotchy white on the
underside of the wings, belly, and tail. In flight bald eagles can be identified by their flat wing
soar. Adults range in length from 69-94 cm and have a wingspan ranging from 178-229 cm.
There are several factors that affect an eagle's selection of a nest site. Eagle nests are
found in proximity to water (within a half mile) with a clear flight path to the water, in the
largest living tree in an area, and having an open view of the surrounding land. Human
disturbance can cause an eagle to abandon otherwise suitable habitat. Eagle nests are
approximately 3 m across.
BIOLOGICAL CONCLUSION NO EFFECT
Potential bald eagle habitat does occur within the study area. The nearest open water
body (Mountain Island Lake), providing sufficient foraging opportunities, is less than 0.5 mile
(0.8 km) from the proposed alignment. However, suitable nesting habitat in the form of large
trees with a clear flight path to this lake and an open view of the surrounding land are not
present. A review of the North Carolina Natural Heritage Program (NCNHP) database on 24
May 2000 indicated that there are no known occurrences of bald eagle within 1.0 mile (1.6 km)
of the project study area. Therefore, this project will not affect bald eagle.
Lasmigona decorata (Carolina heelsplitter) Endangered
Animal Family: Unionidae
Date Listed: 7/24/92
The Carolina heelsplitter was known historically from several locations within the
Catawba River and the Pee Dee River Systems. Presently this mussel is known only from three
populations. Two of these populations are found in North Carolina one population in Waxhaw
Creek, Catawba River System, Union County and one population in Goose Creek, Pee Dee
River System, Union County.
The shell of the Carolina heelsplitter is ovate, trapezoidal, unsculptured, and greenish,
yellowish, or brownish in color with greenish or blackish rays. The nacre is usually
pearly -white to bluish -white graying to orange near the umbo and in older specimens the entire
nacre may be mottled orange. The umbo is flattened and the beaks are depressed and project a
3

r6•
little above the hinge line. The shell averages 78 mm in length, 43 mm in height, and 27 mm in
width. The thin lateral teeth may or may not be well developed.
Habitat for the Carolina heelsplitter has been found in creeks, streams, and rivers.
Individuals are most often found in shaded areas, either in a ponded portion of a small stream,
or in runs along steep banks with a moderate current. Water less than three feet deep and
substrates that are composed of soft mud, sand, muddy -sand, and sandy gravel are preferred.
BIOLOGICAL CONCLUSION UNRESOLVED
Suitable habitat for the Carolina heelsplitter is present within the project alignment.
Populations are known to occur within the Catawba River System which is associated with this
project. A review of the NCNHP database on 24 May 2000 indicated that there are no known
occurrences of the Carolina heelsplitter within 1.0 (1.6 km) of the proposed project. However
surveys wilt need to be conductedtodetermine the presence or absence of this species.
Therefore, the effect of the project upon the Carolina heelsplitter is unresolved.
Echinacea laevigata (smooth coneflower) Endangered
Plant Family: Asteraceae
Federally Listed: 12/9/91 PE
Flowers Present: June - early July
This perennial herb grows from simple or branched rhizomes. It grows up to 1.5 meters
tall, has a smooth stem, and few leaves. The basal leaves are the largest and are smooth to
slightly rough, tapered to the base, elliptical to broadly lanceolate, and measure 20 cm across
and 7.5 cm in width and are distinguished by long petioles. Mid -stem leaves have short or no
petioles and are smaller than the basal leaves. Flowers are light pink to purplish in color,
solitary, and 2-2.5 cm across. The petal -like rays usually droop. Fruits are gray -brown,
oblong -prismatic, four- angled, and 0.5-4 mm long; seeds are 0.5 cm long.
Habitat for the smooth coneflower is found in areas of meadows, open woodlands,
glades, cedar barrens, roadsides, power line rights -of -way, clearcuts, and dry limestone bluffs.
Plants usually grow in soil derived from calcareous parent material. North Carolina
populations are found in soils derived from Diabase, a circumneutral igneous rock. Optimal
sites are in areas with abundant sunlight and little competition from other herbaceous plants.
Natural fires and large herbivores are important in the maintenance of the smooth coneflowers
habitat.
BIOLOGICAL CONCLUSION NO E}'P'ECT
Suitable habitat for smooth coneflower is present in the project area. According to the
NCNHP database, a known population is located less than 1.0 mile (1.6 km) from the proposed
alignment. Field surveys were conducted during the week of 29 September through 2 October
1998. The survey area, described in the referenced Protected Plants Survey, included all
disturbed habitats occurring throughout the project area. No populations of smooth coneflower
were found. This project will not affect smooth coneflower.
4

Helianthus schweinitzii (Schweinitz's sunflower) Endangered
Plant Family: Asteraceae
Federally Listed: 6/6/91
Flowers Present: mid September -early October
Schweinitz's sunflower is a rhizomatous perennial herb that grows from 1-2 m tall from
a cluster of carrot -like tuberous roots. The stems are deep red, solitary and only branch above
mid -stem. The narrowly lanceolate opposite leaves are 18 cm long and 2.5 cm wide. The
leaves are rough feeling above and resin -dotted and loosely soft -white -hairy beneath. Leaves
are opposite on the lower part of the stem and usually become alternate on the upper stem. The
5.5 cm broad flowers are born from September until frost. These flowers are yellow in color
and arranged in an open system of upwardly arching heads. The fruit is a smooth, gray -black
achene approximately 5 mm long. Based on its similar morphology to H. laevigatus and H.
microcephalus it is difficult to positively identify this species prior to flowering.
Schweinitz's sunflower grows best in full sunlight or light shade in clearings and along
the edges of open stands of oak -pine -hickory upland woods. Common soils that this species is
found in are moist to dry clays, clay-loams, or sandy clay-loams, often with a high gravel
content and always moderately podzolized. Natural fires and large herbivores are considered to
be historically important in maintaining open habitat for these sunflowers. Disturbances such
as moving, controlled burning, and logging help maintain its open habitat.
BIOLOGICAL CONCLUSION NO EFFECT
Suitable habitat for Schweinitz's sunflower is present in the project area. According to
the NCNHP database, a known population is located less than 1.0 mile (1.6 km) from the
proposed alignment. Field surveys were conducted during the week of 29 September through 2
October 1998. The survey area, described in the referenced Protected Plants Survey, included
all disturbed habitats occurring throughout the project area. No populations of Schweinitz's
sunflower were found. This project will not affect Schweinitz's sunflower.
Rhus michauxii (Michaux's sumac) Endangered
Plant Family: Anacardiaceae
Federally Listed: 9/28/89
Flowers Present: June
Michaux's sumac is a densely pubescent rhizomatous shrub that grows 0.2 to 1.0 m in
height. The narrowly winged or wingless rachis supports 9 to 13 sessile, oblong to oblong -
lanceolate leaflets that are each 4 to 9 cm long, 2 to 5 cm wide, acute and acuminate. The bases
of the leaves are rounded and their edges are simply or doubly serrate. It bears small flowers in
a terminal, erect, dense cluster. The flowers are greenish to white in color. Fruits, which
develop from August to September on female plants, are a red densely short -pubescent drupe, 5
to 6 mm across.
This plant occurs in rocky or sandy open woods. It is dependent on some sort of
disturbance to maintain the openness of its habitat. It usually grows in association with basic
5

,.,,
soils and occurs on sand or sandy loams. It grows only in open habitat where it can get full
sunlight and it does not compete well with other species such as Japanese honeysuckle.
BIOLOGICAL CONCLUSION NO EFFECT
Suitable habitat for Michaux's sumac is present in the project area. According to the
NCNHP database, no known populations are located within 1.0 mile (1.6 km) of the proposed
alignment. Field surveys were conducted during the week of 29 September through 2 October
1998. The survey area, described in the referenced Protected Plants Survey, included all
disturbed habitats occurring throughout the project area. No populations of Michaux's sumac
were found. This project will not affect Michaux's sumac.
If you have any questions or need additional information, please contact me at [phone].
cc: Bruce Ellis, CLM, Natural Systems Unit Head
File: R-2248 C & D
6

North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO: Steven W. Lund, NCDOT Coordinator
Asheville Regulatory Field Office, USACE
FROM: Marla Chambers, Highway Projects Coordinator
Habitat Conservation Program, NCWRC
DATE: July 22, 2003
SUBJECT: Review of a Section 404 Permit application by NCDOT for proposed new pipe
for residential access road adjacent to I-485 construction project (TIP R-2248BB),
Mecklenburg County.
North Carolina Department of Transportation (NCDOT) has submitted an application to
obtain a Section 404 Permit from the U.S. Army Corps of Engineers (USACE). Staff biologists
with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
information provided. These comments are provided in accordance with the provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the
Clean Water Act of 1977 (33 U.S.C. 466 et seq.).
The NCDOT proposes to relocate a residential access road on the dam of Thomas Pond,
which is being drained and filled as part of the R-2248BB project (a portion of the Charlotte
Outer Loop). The new road will be constructed approximately150 feet downstream of the
existing access road. The pipe placement will have approximately 67 feet of permanent impacts
and 20 feet of temporary impacts. As part of the mitigation for the R-2248BB project, a stream
channel will be constructed in the drained pond area following natural channel design principles.
Since impacts from this project are a result of construction activities from the R-2248BB project,
it should be determined if mitigation should be required as part of the larger project.
The project drains to Long Creek, Class WS-IV waters. Measures must be taken to
minimize sediment impacts from this project and the associated pond drainage and stream
channel construction. NCDOT and Mecklenburg County have initiated a water quality
monitoring project to ensure the construction of this 10-mile section of I-485, which drains to
Long Creek, will minimize negative water quality impacts from sediment.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]

Access Road at Thomas Pond
Long Creek, Mecklenburg Co. 3 July 22, 2003
10. If concrete will be used during construction, work must be accomplished so that wet
(uncured) concrete does not contact surface waters. This will lessen the chance of
altering the water chemistry and causing a fish kill.
11. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is strictly prohibited.
12. Heavy equipment should be operated from the bank rather than in the stream channel
whenever possible in.order to minimize sedimentation and reduce the likelihood of
introducing other pollutants into the stream. All mechanized equipment operated near
surface waters should be inspected and maintained regularly to prevent contamination of
stream waters from fuels, lubricants, hydraulic fluids or other toxic materials.
13. Provide appropriate mitigation, if applicable.
Thank you for the opportunity review and comment on this project. If you have any
questions regarding these comments, please contact me at [phone].
cc: Marella Buncick, USFWS
Cynthia Van Der Wiele, NCDWQ

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
030818
WETLANDS/401 GROUP
JUL 0 1 2003
MEMO TO: John Domey, DENR/DWQ/40l/Wetlands Unit JiIATERQUALITY SECTION
FROM: Trish Simon, Division 12 Environmental Officer TY
DATE: June 26, 2003
SUBJECT: Pre -Construction Notification/401 Automated Payment
Enclosed are seven copies of a pre -construction notification for a NCDOT project in
Mecklenburg County (being constructed by Division 12) for your review.
Project information for the 401 Automated Payment Procedure
• Work order number: 150474-55120005-8.U672211-3855
• TIP #: R-2248BB
• Project Category: $200.00 Fee
is
PAYMENT
RECEIVED
Post Office Box 47 Shelby, North Carolina 28151-0047