19981030 Ver 1_Certification of Completion_20070202

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Certificate of Completion

Applicant:
Ptroject Name.:.
GDIJ O

0
Date of Issu.uuce of 401 Water Quality Ccrtificntion_ Ac~1 (i~ ~00~7
~•
Upom comlrletion of all work approved w7Rhin the 401 Water Quality Certification and Buffer Rules, and
any subsequent modifications, the. applicant u required to return this certificate to the 4011'Wetiands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This farm
may be returaed to DWQ by the applicant, the applicant's authorized agent, arthe project engineer. It is
not necessary to send certificates from all ofthese.
Applicant's C'ertfrcation
Y, l~At,..~~• i ~1e.S..~.,~R. ,hereby state that, to the best afxny abilities, due care and
diligence was used in the observataan of the cox~stzucton such that the construction was observed to be
built vvitbin substantial compliance and intent of the 401 Water Quality Certification and Huffer Rules, the
approved plans d specif~catians, and other supporting materials.
' Date: ! a3 07
Signature:
Agent's Certiftcatiatr
I, Cj JkQ~~ ~~ f„ . ,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 4vas observed to be
built arcthin scYbstaatal compliance anal %ntent of the 401 Water Quality Certification and Buffer Rules, the
approved plans specifications,. and ther supportir~ materials.
Signature: Date: ~ o d ,,,~,,,,
If this project was designer! by a Certified Professional
I, ~ ~--~-' ~ . ~`'~ ~i~ as a duly registered Professional ~N~tl ~ '~ (ie.,
Engineer, LandsGa e Architect, Surveyor, etc.} .n the 'State of i`'arth Carolina, having been authorized to
observe (peradica.lly, ~sri~} the cotLStructon of the project, for the Fermittee 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 b ~,li " hin s~stantiat earnplu~ce and inteztt pf the ~O 1 'mater Quality
Certification anc~.Bgffe„i Rules, ~i~~1SxA~s and specifications, and other supporting materials_
Signature:
i n
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LandDesign
urban design planning civil engineering landscape architecture
December 21, 2006
Mr. Alan W. Klimek, P. E.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Re: Gastonia Technology Park Road Extension
LandDesign PN: 1003260
DWQ# 98-1030
Gaston County
Dear Mr. Klimek:
Af~D F1ATL+i~,~L R~SOURCE3
r°~ _'
JAN 0 5 2001
CATER Q~'~l~T~ SECT~OI~
The construction of the double 72" reinforced concrete pipe culverts and subsequent road fill
have been completed. The installed length of the main pipe in the channel is 130.09 LF as
measured from end of F. E. S. to end of F., E. S. Field representatives with NCDOT and NC
DWO made periodic observations during the construction and provided field directives to
enhance the installation and completion of the project.
After periodic observations of these pipes by my staff, NCDOT and DWO personnel, we are
writing to certify in our opinion completion of the work in substantial accordance with the plans
and specifications.
We are enclosing the Certificate of Completion form and pictures of the upstream and
downstream location of the pipe end sections.
We trust the above information is sufficient notification of the completion of the construction.
We very much appreciate your assistance and cooperation throughout our process of planning,
designing and construction of these roadway improvements. Please let me know of any
questions.
V y yours,
Kelly E. H yes, PE, S
Senior Pr iect Man er
LandDesign ~ Charlotte NC
704.333.0325
Cc: Donny Hicks
Matt Blackwell
Gary Spangler, NCDOT Washington ~c
Trish Simon, NCDOT charlotte Nc
Polly Lespinasse, NC DWO
Pinehurst Nc
223 North Graham Street
Charlotte, NC 28202 Asheville NC
Tampa FL
V: 704.333.0325
F: 704.332.3246 Nashvi I le TN
www.LandDesign.com Bei;ing PRC

vU~i_' 7-20.05 i~R I 04 ; 3? PI1 ~~STfl~ CJ`, y ADD
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Mr. Danny Hicks
Economic Development Commission
P.O. Box 2339
Gastonia, NC 28053
Subject: Gastonia Technology Park Rd. Ext.
FPX N0. 70~~6~~30? ~, 02!G°
Micnscl F. Easley, Governor
Wi11;am G. Russ Jr.. Sacrc°.ary
Noctit Carolina gepatttnrnt of Envirrntme~tt and iv'aturai Rrsaurees
Alan W. Klimek, Y.E. Director
givision of Wutr, Quality
May 23, 2005
DWQ# 98-1030
Gaston County
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Hicks:
You have our approval, in accordance with the attached conditions and those listed below, to
fill 0.19 acre of wetland and impact 142 linear feet (If) of unnamed stream to Long Creek far the
construction of Technology Park Road in Gaston County, as described in your application received by
the Division of Water Quality (DWQ) an April 22, 2005. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3402, which
can be viewed an our web site at ,http'11h2o enr state.nc.uslnewetlands. The Genera! Certification
allows you to use Nationwide Permit Number 39 ante it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by {but not limited ta) Sediment and Erasion
Control, Non-Discharge, and Water Supply Watershed regulations.
The above Hated Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certificat'san. This approval is only valid for the purpose and
design that you described in your application. !f you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. if the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Moaresvills Regional Office shall be notifed in writing once construction at the approved impact
areas has commenced.
2. The culvert shall be instaAed such that the base flow channel will be maintained. This may require
the placement of baffles inside the culvert and the construction of benches immediately up and
downstream of the culvert.
;earth Camlina Division of Watc;c Qusiiry 610 Fast Crnter Ave.. 5uuc 30l Maoresvilie, ZvC 28115 ~ X {7p:) 6b31-~A30
1n:emeL h2o.enr.st~tane.us
An Equt21 ppporlunitylAtCumatlve Acton Empbysr-50°6 RegGedJl0°f. Past Consumer Paper
I~i°~`hCaro i7ta
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CustorrKr Service
1-877-623-6748

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J'.iii- . 7-2OU~ + R 04 ~ 32 P OAS ~ 04 i,CU"tTY HOC PAk ~;i. 7O48i3? 830? P, 0~%'CO
3. All wetlands, streams, surface waters, and riparian buffers. located on the project site where impacts
are not albwed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
4. The planting of native vegetation and other soft stream bank stabilization techniques must be used
where practicable instead of riprap or other bank. hardening methods. If riprap is necessary, it shat{
not be placed in the streambed, unless approved by the OWQ.
5. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erasi©n of the stream banks.
6. No waste, spoils, solids, ar fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification appiicatian. All
construction activities associated with this project shall meet, andlor exceed, those requirements
specified in the mast recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.
7. Sediment and erasion control devices 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 grade restored within two months of the date the
Division of Land Resources has released the project.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401lWetlands Unit of the NC Oivisian of Water Quality. PJease send
photographs of fhe upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
9. Continuing Gompliance. The applicant (Gastonia Economic Development Commission) shall
conduct its activities in a manner so as not to contravene any state water quality standard {including
any requirements for compliance with section 303{d) of the Clean Water Act) and any ether
appropriate requirements of state and federal law. !f DWCI determines tha# such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that sta#e or
federal law is being violated, ar that further conditions are necessary to assure compliance, DWG
may reevaEuate and modify this certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15 A NCAC 2HA507{d}. Before codifying
the certification, D11VQ shall notify the applicant and the US Arrny Corps of Engineers, provide public
notice in accordance with 15A NCAC 2NA503, and provide opportunity for public hearing in
accordance with 15A NGAC 2H.0504. Any new ar revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in
any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Ta ask for a hearing, sand
a written petition that conforms to Chapter 1508 of fhe North Carolina General Statutes to the affsce of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714- This certsfication and its
conditions are final and binding unless you ask for a hearing.

tii~"d-':7-200 FRI 04;33 PM GASTOiv OOJ"d=Y FDO FA~~ 1~0, ?u48618302 P, 04!"i
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Alan Jahnsan in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Gaston County Natural Resources
Central Files
Josh Ellinger

J1J`1-7-20~P FRI 04 ~ 33 Phi GASTO~a CCUhvTY E71~ FA;~ ~C, 704b6~830? P. 0~/C
WQC #3402
This General 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 (DWtl) Regulations in 15A NGAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waists and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters ar navigable waters ofi the United Staias
(i.e., isolated wetlands). as described in 33 CPR 330 Appendix A (B) (t 8, 39, 41, 42, 43 and 44) of
the Carps of Engineers regulations (i.e., Nationwide Permit No. 39) and far the Riparian Area
Protection Rules {Buffer Rules} in 15A NGAC 2B .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11, 1907, and Water Duality
Certif"icatian Number 3287 issued on June 1, 2000 and Water duality Certification Numbor 3362
issued March 18, 2002. This WoC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWO.
The State of North Carolina certifies that the specified category of activity will net violate
applicable portions of Sections 301, 302, 303, 306 end 307 of the Public Laws 82-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
• Streams -Impacts to streams a5 determ(ned by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent andtor
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and
stream tsed andtor bank hardening are considered to be permanent stream impacts.
Any activity that results In a loss of use of stream functions including but not limited to
filling, relocating, flooding, excavation, dredging and complete shading shall be
considered stream impacts. Enumeration of impacts to streams shall include streams
enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is usod anywhero in a project unless the entire structure
(including construction impacts} spans the entire bed and both banks of the stream,
is only used for a road, driveway or path crossing, and is not mitered to follow the
stream pBKem. Impacts for dam footprints and flooding will count Inward the
threshold for stream impacts, but flooding upstream of the dam wit! not {as long as no
tilting, excavation, relocation or other modification of the existing stream dimension,
pattern or profile occurs} count towards mitigation requirements. Any filling,
excavation, relocation or other modification of the existing stream {other than
tlaading) must re-establish the same dimensions, patterns and profiles of the existing
channel {or those of a stable reference reach if tho ©xisting channel is unstable) to
the maximum extent practical.
Wetlands -Impacts to wetlands as detenninod by the givisian of Water Quality shall
be measured as area. Permanent andtor temporary wetland impacts shall be
enumerated on tho ©ntire prajoct far all impacts regardless of which 404 Nationwide
Permits are used. Any activity that rosults in a lass of use of wetland functions
inctud"rng but not limited to filling, excavating, draining, and flooding shall be
considered wetland impacts. Enumeration of Impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a proJocc.

r1J~-' 7-20aJ5 P? I 04 ~ ~3 Pi I GR~TO~f GOU~i I Y EGG Fri;~ P~J, 7040E 1 E3u'? P. uF./G~?
WQG #3402
• lakes and Ponds -impacts to waters other than streams and wetlands as
determined by the Division of Water Quality shall be measured as area. Permanent
andlor temporary water impacts shall be enumerated an the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of aquatic functions including but not limited to titling and
dredging shall be considered waters impacts.
Application Thresholds -Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
Total strum impacts of greater or equal to 150 cumula ova{ ~ tthesD va on ofWater
the entire proJoctrequire written notffication to and aPP Y
Quality, andlor
• impacts to water's of squat to or greater than 113 of an acre require written notification
to and apptovai by the Division of Water Quality, andlor
Wetland impacts of greater or equal W 1/~ of an acre east of 1-95 and 1110 of an acre
west of 1-95 require written natificatlon to and approval lay the Division of Water
Quality except as specified below. Any impacts to wetlands adjacent to waters
designated as ©RW, SA, WS-I. WS-ll ar Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classifiied as SWi. andlor DW i cation
well as weNands described in 15A NCAC 7H .0505 (e} require a complete app
and written concurrence irate the Division of Water Quality to use this Certification.
These Otreshotds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are Issued lay the USACE tar the project;
Written notification to DWQ is required for all applications thak propose to use
i Nationwide Permit 18, This notification requirement will be satisfred by providing two
(2) copies of the PCN form to t:3W0 at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required far the project. In this
case, the applicant will be notified in writing from DWQ within aft days of the receipt
of the written notlficatian.
Proposed fill or substantial modification of any amount of wetards classified in
accordance with 15A NCAC 2B .p101(e}(7) as Unique Wetlands (tJWL) shall require
written concurrence from the Division of Water Quality;
2, Impacts to any stream length In the Neuse, Tar-Pamlico or RandtrgUffQ RRute sainieffect at
any other major river basins with Riparian Area Protection Rules ~ ) •
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 26.0200• Activities listed as "exempt" from these rules do not
Head to apply for written concurrence under this Certification. New development activities
tacated in the protected 5(~foat wide riparian aroas (whether jutted"rctional wetlands or not)
within the Nauss and Tar-Pemlica River 9asins shall be limited to "uses' Identified within
and constructed in accordance with 15A NCAC 2t3 .0200. All new development shat! be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
3, Irrespective of other application thresholds in this General Certification, all Impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allawabla as provided in i 5A NCAC 28. 0212 (WS-i), 26 .0213 (WS-ll},
26 .0214 (WS-ttl) and 2B .0215 (W5-iV). Only water dependent activities, public projecks
and structures with diminimus increases in impervious surfaces will be aliawed as outlined
in those rules. All other activities require a variance from the delegated focal government
andlor the NC Environmental Management Commission taefare the a01 Water Ouatity
Certification can be processed. In addition, a 30 Coat wide vegetative buffer for low
density development ar a 100 foot wide vegetative buffer for high density dev©lopment

~i.iPd-':?-2u0F FRI u4:34 Pu GASTG~~ CGJ~T'~~ ECC ~A;~ 1~G, ?04661~3u? P. u?tC°
V1/QC #3402
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those: shown as perennial waters on the most vacant
USGS 1:24,000 topographic map ar as otherwise determined by iacat government
studies;
4. Additional site-specific stormwater management requirements may be added to this
Certifrcation at pWQ's discretion nn a case by case basis for projects that have or are
anticipated to have impervious saver of greater than 30 percent. Site-specific stormwater
management steal! be designed ka remove 85% TS5 according to the latest varsian of
DWQ's Stamtwater Bast Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that era classified as nutrient sensitive waters {NSW }, water supply waters
(WS), tram waters (Tr), high quality waters (HG~W). and outstanding resource waters
(t7RW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest varsart f the NC
DENR Stormwatar Best Management Practices Manual). be constructed as p
stormwater management plan when asite-specific stormwater management plan is
required.
For streams classified as Water Supply,. High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 26 .0104(m) and 2H .1000 to •1007,
respectively, in addition to that required in this General Certification.
Alternative designs may be requested by the applicant and will ba reviewed on a case-by-
case basis by the Division of Water Duality.
Approval of stormwater management plans by the Division of Water Quality's ether
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Canditlon as long as the stormwater management plans moat or exceed the
design requirements specified 'in this condition. This condition applies unless mare
stringent requirements era In effect from other state water quality programs.
Unless specifred otherwise in the approval letter, the final, written stom~watar
management plan shah be approved in writing by the Division of Water r7uality's
Wetlands Unit before the impacts specified In this Certification occur.
The facilities must ba designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division o1 Water CQuslity.
Aiso, before any permanent building ar other structure is occupied ak the subject sits,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patkerns must be maintained ih porpaturty.
• No oranges to the structural stormwater practices shall ba made withaul written
authorization from the division of Water Quality.
5. Gampensatory stream mitigation shall ba required at a 1:1 retie for not only perennial but
also intarmlttent stream Impacts that require application to DWra in watersheds classified
as ORW, HQW, Tr, WS-l and WS-Il unless the project is a linear, publicly-funded
transportation project, whlCh has a 150-foot par-stream Impact allowance;
6. In accordance with North Carolina Ganarai Statute Section 143-215.3D{a), any
application fora 401 Water ~uaiiry Certification must include the appropriate fas. tf a

JU`~,- 7-2G~~ r f~ E 04 : ~4 P`~ GA~TG~I CCiJhT`i? c~G A~~; ~G. 7046 8312 P. 081?
WQG #3442
project also requires a CAMA Permit, one payment to both agencies shall be submitted
and wits be the higher of the two fees;
'. In accordance-with 15A NCAC 2H .0506 {h) compensatory mitigation may be
required for impacts to 150 linear feat or more of streams andlar one acre ar more of
wetlands for an errtiro project. For linear public transportation projects, impacts equal to
or exceeding 150 feet per s#roam may require mitigation. in addition, buffer mitigation
may be required for any project with Riparian Area protection Rues {Buffer Rules in
effect at the time of application for buffer impacts resulting from activities classified as
"allowable with mitigation" within the "Table of uses" section of the Buffer Rules ar require
a variance under the Buffer Plaice. A determination of buffer, wetland and s#ream
mitigation requirements shall be made for any Certficailan for this Nationwide permit.
The most current design and monitoring protocols from l~WQ shelf be followed and written
plans submitted far DW4 approval as required In those protocols. When compensatory
mitigation is required for a project, the mitigation plans must be approved by OWt~ in
writing before the impacts approved by the certification occur, unless otherwise specified
in the approval letter. The mitigation plan must be implemented and/ar constructed before
any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road i5 opened t4 the
travelling Public. Please note that if a stream relocation is conducted as a stream
restoration as defined. in Tha lnfernaE Technical Guide for Stream Wark in North Carolina .
Ap~if 2001, the restored length. can be used as compensatory mitga#ion far the impacts
resulting from the relocation;
8. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 appficatlon for written DW4 approval.. Relocated stream designs
should include the same dimensions, Patterns. and profiles as the existing channel {or a
stable reference reach if the existing dhannet is unsGabla), to the maximum extent
practical fibs new channel should be constructed to the dry and water shall net he turned
into the new channel until the banks era stabrlized. Vegetation used far bank stabilization
shall be limited to native woody species, and should include establishment of a 30 feat
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 colt fiber and
seedling establishment is &Ilowable. Also, rfp-rap. A-Jaaks, concrst6, $abians or other
hard structures maybe allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant. must provide written jusiificatifln and any calculations used to
determine the extent of rip-rap cov~arage requested. If suitable stream mitigation is Hat
practical an-site. then stream impact will need to be mitigated elsewhere. Please Hate
that if a stream relocation is conducted as a stream. restoration as defined In The fRtema!
Technfcat Guidelar Sfrearrt Work in North Carolina , April X001, the restored length can
be used as compensatory mitigation for the impacts resulting from the relocation;
9. Placement of culvert and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow law flow pa&sage of water and
aquatic life unless it can be shown to DWQ that providing passage would be irnprac#lcal.
Resign and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall Hat be conducted in a
manner that may result in aegradation, degradation or significant changes in hydrology of
wetlands or stream beds ar banks, adjacent to or upstream and down stream of tt-e above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWG. Additionally, when roadways,
causeways ar other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or brldgea must be provided to maintain the natural
hydrology of the sys#em as well as prevent constriction of the floodwsy that may result in
aegradation, degradation or significant changes in hydraic~gy of streams or wetlands;