CCB0075_20010906_404_401

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 A1 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 (TIP 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 ofPL 92-500 and PL 95-
217 if conducted in accordance with the application and conditions hereinafter set forth.
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 Suiface 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 grade 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
storm water sheet flow.
4. If an 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
PONS I 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 woody species, and 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 implement the maintenance plan for the life of the
road.
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 15A 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 permit issued
by the Army Corps of Engineers.
Wetland impacts consist of 11.96 acres, including 8.68 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 frrst 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 DENR-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 make 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.
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 for a hearing,
send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This the 6th day of September 2001
DNISION OF WATER QUALITY
WQCNo. 3328
~-=r-"'tt I lflt... • . ..JF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 22, 2002
Regulatory Division
Action ID. 2001313201
Mr. William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Gilmore:
APR 25 2002
In accordance with the written request of August 15, 2001, and the ensuing administrative
record, enclosed is a pemtit to discharge dredged or fill material into 11.96 acres of wetland,
1 7,25 2 linear feet of stream 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 (I-485) between
Interstate Highway 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, State Project Nos.
8.0672205, 8.U672212 and 8.U672214).
If any change in the authorized work is required because of unforeseen or altered
conditions or for any other reason, the plans revised to show the change must be sent promptly to
this office. Such action is necessary, as revised plans must be reviewed and the permit n1oditied.
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must con1plete construction before December 31, 2005.
~-
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You tnust allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
Should you have questions, contact Mr. Steven Lund, in our Asheville Regulatory Field
Office, Regulatory Division, telephone [phone] ext. 4.
Enclosures
Copy Furnished with enclosures:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, MD 20910-3282
Sincerely,
D;t~s~()~
Colonel, U.S. Army
District Engineer
Copies Furnished with special conditions and plans:
Mr. Garland Pardue, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries
Service, NOAA
Pi vers Island
Beaufort, North Carolina 28516
Mr. David Rackley
National Marine Fisheries
Service, NOAA
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
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Mr. Ronald Mikulak, Chief
Wetlands Section -Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Dug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Commanding Officer
United States Coast Guard
Marine Safety Office Wilmington
1502 North 23rd Street
Wilmington, North Carolina 28405
Commander, Aoww
Coast Guard, Atlantic Area
ATTN: Tom Flynn
431 Crawford Street
Portsmouth, Virginia 23 704
Mr. Ronald E. Ferrell
Wetlands Restoration Program
Division of Water Quality/NCDENR
1650 Mail Service Center
Raleigh, NC 27699-1650
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DEPARTMENT OF THE ARMY PERMIT APR 1 9 200Z
;..,;·' NC Department of Transportation
Permittee · · .. · :,·:."j._~;;;~
200131321
Permit No.-------------
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 stream 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 (I-
485).
Project Location:
Between Interstate Highway 85 (I-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 authorized 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 are not relieved of this requirement if you abandon the permitted activity, although you may make
a 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 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
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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 permit 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 existing 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 permit.
d. Design or construction deficiencies associated with the permitted work.
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DWQ Project No.: _____ _ County: _________ _
Applicant:
Project Name:
Date of Issuance of 401 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, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification, the
approved plans and specifications, and other supporting materials.
Signature: -------------------Date: __________ _
Agent's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification, the
approved plans and specifications, and other supporting materials.
Signature: --------------------Date: __________ _
Engineer's Certification
___ Partial ___ Final
I, , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (periodically, weekly, full time) the
construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification, the approved
plans and specifications, and other supporting materials.
Signature--------------------Registration No. _____ _
Date-----------
NORTH CAROLINA-DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H.0500, NCDOT, DWQ Project No. 011231, is authorized to impact
the surface waters of the State of North Carolina as indicated below for the purpose of constructing
North Charlotte Outer Loop (TIP Project Nos. R-2248 BB, C, and D). All activities associated with
these authorized impacts must be conducted in accordance with the conditions listed in the attached
certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS FOR WETLAND RESTORATION
PROGRAM:
LOCATION:
COUNTY:
North Charlotte Outer Loop (I-485) just north of the southern intersection
with I-85 (R-2248 BA) to past I-77, just east of NC 115 (Old Statesville
Road)
Mecklenburg
BASIN/SUBBASIN: Catawba, Hydrological Unit 03050101.
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands and surface waters as outlined below prior to conducting any activities that impact or
degrade waters of the state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Program must
be rounded to one-quarter increments according to 15A 2R.0503(b).
17.36 acres of riverine wetlands (8.68 acres of impact)
0.0 acres of emergent wetlands
0.0 acres of non-riparian wetlands
0 acres of Class SWL wetlands
22,248 linear feet of stream channel
Please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE
NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTlFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS
RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
1619 Mail Service Center
RALEIGH, NC, 27699-1619
[phone] ext. 358
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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 of non-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 amounts 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
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.
...
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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.
15. In order to compensate for unavoidable impacts to non-riverine, forested wetlands, the
permittee 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,
including a boundary survey, will be provided to the Corps of Engineers, Asheville Regulatory
Field Office. The permittee 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.
18. 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 culverts. 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.
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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
monitoring results, the Corps may direct the permittee to take appropriate action to remediate
adverse construction-related impacts.
DWQ Project No.: _____ _ County: ---------------------Applicant:
Project Name:
Date of Issuance of 401 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, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification, the
approved plans and specifications, and other supporting materials.
Signature: --------------------------------·· ____ _ Date:· -----------------------------
Agent's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification, the
approved plans and specifications, and other supporting materials.
Signature: --------------------------------------Date: _____________________ _
Engineer's Certification
_____ Partial ___ Final
I, , as a duly registered Professional Engineer in the
State of North Carolina, having beenauthorized to observe (periodically, weekly, full time) the
construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the constrUction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification, the approved
plans and specifications, and other supporting materials. ·
Signature------------------------------Registration No. _____ _
Date--------------
NORTH CAROLINA-DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H.0500, NCDOT, DWQ Project No. 011231, is authorized to impact
the surface waters of the State of North Carolina as indicated below for the purpose of constructing
North Charlotte Outer Loop (TIP Project Nos. R-2248 BB, C, and D). All activities associated with
these authorized impacts must be conducted in accordance with the conditions listed in the attached
certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
CO:MPENSATORY MITIGATION REQUIREMENTS FOR WETLAND RESTORATION
PROGRAM:
LOCATION:
COUNTY:
North Charlotte Outer Loop (I-485) just north of the southern intersection
with I-85 (R-2248 BA) to past I-77, just east ofNC 115 (Old Statesville
Road)
Mecklenburg
BASIN/SUBBASIN: Catawba, Hydrological Unit 03050101.
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands and surface waters as outlined below prior to conducting any activities that impact or ·
degrade waters of the state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Program must
be rounded to one-quarter increments according to 15A 2R.0503(b ).
17.36 acres of riverine wetlands (8.68 acres ofimpactY
0.0 acres of emergent wetlands
0.0 acres of non-riparian wetlands
0 acres of Class SWL wetlands
22,248 linear feet of stream channel
Please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE
NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS
----·--· -----RESTORATION-PROGRAM. -·-· ··· · ·· ·-·· -··-·····--·-····-·-···---·---·---- --· ---· ·---·· ··· -·· -· ·
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
1619 Mail Service Center
RALEIGH, NC, 27699-1619
[phone] ext. 3~8
10/19/01
08:01:55 At.l
G:\96025\00\ TRAN\PERr.UT S\sum2.d~n
VI g *!! ,....,
Vl > -1 V'l
VI ("")
:I: :i :c 0 )>
:IE ;== ::;o z r-:;.o; 0 z -1 ~ Vl -1 0 ,...., :z 0 o;;l 11:: ;p CD c C:: fT'I ~~ 0 -1 0"1 ("") c ,...., __, ::>o:: r-::;o N r-~~ fT'I N ,...., < r-0 z )> 0 1.1\ a::l z :J: ::0 0 c -1 9 "'C :p ::0 ~ C") ~ -1 ..,
0 ::0 N ("") ~ 0 N 0 :z 11:: ~ c o;;l X l 0 Ol :z: ~ z ::0 z ~ -1
-1 0 -< ]> :c ::0 • -1 0 :c ]> -~ .., ~ 0
ffi ..... ..,
Qg
1.1\ c
~ Vl
N I.D ' __,
~
SITE PROJECT STATION STRUCTURE TYPE FILL IN
WETLANDS
(ha)
1 185+00-L-2.1 X 1.5 RCBC
2 196+00 -L-1650 RCP 0.030
12+00 RP" B" 2.1 X 1.8 RCBC 0.027
3 199+00-L-
4 14+20 Y-3 900 RCP
5 19+15 Y-3 1350 RCP
6 211 +00 -L-0.064
7 214+00 -L-0.026
1200 RCP
8 218+00 -L· 0.046
9 219+00 -L-3.0 X 2.1 RCBC 0.809
10 223+40 -L-
11 14+20 -Y-10 1050 RCP 0.068
SHEET TOTAL 1.070
I
----·
-<::
..
..
J
WETLAND IMPACTS SURFACEWATER IMPACTS
TEMPORARY EXCAVATION IN MECHANIZED FILL IN FILL IN TEMP LENGTH OF NATURAL
FILL IN WETLANDS CLEARING IN SURFACE SURFACE FILL IN EXISTING STREAM
WETLANDS WETLANDS WATERS WATERS sw CHANNB.. DESIGN
(METHOD) (NATURAL) (POND) IMPACTED
(ha} (ha} (ha} (ha} (ha) (ha) (m) (rn)
0.042 208
0.007 0.026 0.716 147
0858
0.130 86 "
0.110 74
0.012
0.019 0.068 192
0.017 169
0.0817 0.009 35
0.056 0.015 2.073 200 357
1.347
0.02
·--1------
-···--
1.403 0.121 0.369 3.715 1111 357
--· ------------
PROJf-»E[{~fy o~rNEli{§
NAMES AND ADDRESSES
PARCEL NO. NA.MES ADDRESSES
... 18
19
20
21
22
23
25
26
27
28
29
30
31
32
NC DEPT.OF TRANSPORTATION
DIANE COX LAWS
CLYDE AND JEWEL COX
REVOCABLE TRUST
WILLIAM DOWD MCRORIE JR
<ET AL>
JOHN JULIUS SHELL
WALLACE DEAN AND
RUTISHA G.CARTER
E}.1.METT N. AND
NANCY P.TH01·1PSON ·
JAMES PARKS JR AND
LOUISE GRIFFIN
JAMES P. GRIFFIN
G. C. 1·1CCALL
ILA R. GODFREY
716 WEST MAIN STREET
ALBEMARLE, NC 28001
8092 GOLF COURSE DRIVE
DENVER, NC 28037
.<000 MT HOLLY-HUNTERSVILLE RD
CHARLOTTE, NC 2821(,
819 GRAYS CREEK LN
CHARLOTTE, NC 2821.(
~926 MT HOLLY-HUNTERSVILLE RD
CHARLOTTE, NC 28216
5ll8 MT HOLLY-HUNTERSVILLE RD
CHARLOTTE, NC 28216
512.( MT HOLLY-HUNTERSVILLE RD
CHARLOTTE, NC 28216
5~76 MT HOLLY-HUNTERSVILLE RD
CHARLOTTE, NC 28216 .
5.J.~ MT HOLLY HUNTERSVILLE RD
CHARLOTTE, NC 28216
6000 MT HOLLY-HUNTERSVILLE RD
CHARLOTTE, NC 28216
.(.421 OAKDALE ROAD
CHARLOTTE, NC 28216
RT 2 BOX 6-A
POLKTON, NC 28135 E.D. AND GERALDINE BIRJ.1INGHAM
TED LEE BIR~UNGHAM
RUBY H. SASSER
<BY ENTIRETY> .
1610(, HENRY LN
HUNTERSVILLE, NC 28078
-4600 OAKDALE RD.
STEVEN 'W.AND MARIA H.MCCLURE
CHARLOTTE, NC 28216
450~ OAKDALE RD.
CHARLOTTE, NC 2821(,
N.C. DEPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.U672212 <R-22..(8C>
WEST CHARLOTTE
OUTER LOOP
SHEET 2.5 OF· 2.5" 3/7 I 01
J[J>!( 0 PJE:R 1[~17 0 1VVl\fE[{§
NAMES AND ADDRESSES
PARCEL NO. NAMES ADDitESSES
... _1
2
5
7
8
9
10
ll
12
13
1~
15
16
17
~iAR Y OATES MOORE
MAGGIE OATES M~ILLER EST
JOHN J. AND JEAN S. OATES
VIRGINIA I. OATES
DORSEY OATES WHITE
LEON R. AND TARA B. TYNEI~
HILDRED ROACH
CALVARY BAPTIST CHURCH
INC. OF CHARLOTTE
NORMAN G. AND GLORIA R. ROACH
HOLLAND AND FRONIA ROACH
A. CALDWELL Al~D
M.C. JOHNSON <ET AL>
HAYWOOD W. CALDWELL
RICHARD R. MOORE
JOHN W. BROO].IE
MELISSA FRANCINE JOHNSON
HENRY LE\VIS COX
1225 GUM I\RANCH ROAD
CHARLOTTE, NC 2821-<'
1201 GUM. BRANCH ROAD
CHARLOTTE, NC 2821-i
1032 GUM BRANCH ROAD
CHARLOTTE, NC 2821-'1'
ll36 GUM BRANCH ROAD
CHARLOTTE, NC 2821-4
1201 GUM BRANCH ROAD
CHARLOTTE, NC 2821-1
10120 SPARKLING BROOK CO
CH.i. .. RLOTTE, NC 2821~
13 BRYANTS NURSERY ROAD
SILVER SPRINGS, MD 20905
2200 ASP. ~EY ROAD
CHJ .... RLOT' l'E, NC 28208
9~2 OLD ROZZ FERRY ROAD
CHARLOTTE, NC 2821-1
2823 BELLHA VEN DR
CHARLOTTE,l~C 2821~
7532 S. MAY. STREET
CHICAGO, IL 606-13
19 TRENTON A VENUE
FANWOOD, NJ 07023
8800 SHORE FRONT PKWY
FAR ROCKAWAY, NY 11693
172.<..( 133RD AVE. APT 4C
JAMAICA, NY 11~3..(
PO BOX 321-4
TEANECK, N J 07,6&G
LA ·wiNGS INC
9530 BELHAVEN BLVD
CHARLOTTE, NC 2821..( I
5521 BROOKSHIRE BLVD
~-·--CH"""'A_R_L,_O_T_T_E_ •. N_C_2_S2_1_6 ____ .1_
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.U&72212 <R -2218C>
WEST CHARLOTTE
OUTER LOOP
'J.t OF r;~ SHEET L..l ,f_v 3/7/01
.,
\ IMPACT SUMMARY
WETLAND IMPACTS SURFACE WATER IMPACTS BUFFER IMPACTS
Mechanized Existing
Site Station Structure Fill In Temp. Fill Excavation Clearing FilllnSW FilllnSW Temp. Filf Channel Relocated Enclosed Zone Zone
No. Size Wetlands In Wetlands In Wetlands (Method Ill) (Natural) (Pond) lnSW Impacted Channel Channel 1 2
(From!To} (ha) (haJ jha) {ha) (ha) (ha) (ha) (m) (m) (m) {he) j_hal
1 234+00 3 @ 3.0m X 2. 1m RCBC 0.0574 265 128 133
2 238+00/239+40 5 @ 26m BRIDGE 0.0149 0.0847
3 239+40/240+00 900 RCP 0.0063 106 11 68
4 241 +20/241 +60 N/A 0.0385
5 249+10 1500 RCP 0.0262 158 152
6 257+40 1050 RCP 0.0273 0.0135 226 208
7 260+ 1 0/260+40 N/A 0.1425
8 265+25 1@ 2.7m X 1.8m RCBC 0.042 435 100 276
9 268+80 1 @ 2.4m X 1.8m RCBC 0.0178 137 31 90
10 273+60 1650 RCP 0.0141 157 4 113
11 276+50 1350 RCP 0.007 115 99
12 277+80 1050RCP 0.0065 87 83
13 280+60/282+00 1050 RCP I 1650 RCP 0.0612 0.0007 0.5521 12 12
14 287 +40/288+50 900 RCP I 900 RCP 0.2099 0.0055
15 291+45 900 RCP 0.0074 0.0139 235 5 211
TOTALS: 0.3443 0 0 0.0055 0.2203 0.6946 0.0847 1933 279 1445 0 0
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: B.U672212 (R-2248C)
SHEET 2~ OF 2...5 REVISED 06/1812001
V• ::r: ('1 "' -·
22+45.000 PVI =
-249.550 EL. -
vc = 300
K = 37
OS = BOkmlh
23+00 +20
GRADE LINE PROPOSED
I H 1 RCBC 3.001WIX1.80
+40 +60 +80
/
I
24+00 +20
PVI = ~5+30.000
EL. = ?35.300
vc = ~50
= 25
K -BOkm/h OS -1
• E EXIST. GROUND \LIN
/
I • 1./' v -; _.. : _,......
+40 +GO
240
235
230
PLAN VIE-W
SITE 1 7
®.
L·AKE LIMITED
ARTNERSHIP
E KEITH GROUP
MECKLENBURG COUNTY
8.U672214 fR-22480)
CHARLOTTE OUTER -. ~OOP
. -~----
----·· __,.-" / __ __.."""
--------------------------
,_----
..... -----------------------------PLAN VIEW
S I TE 1 7 MECKLENBURG COUN.TY
8.U672214 (R-2248Dl
CHARLOTTE OUTER LOOP
TWIN LA ® •
1
• KE LIMITED /. THE KEITH PARTNERSHIP GROUP ·
TWIN ® L_AKE LIMITED % THE KEITH PARTNERSHIP GROUP
r ,e'/~ /P'/ ~j DENOTES FILL IN
SURFACE WATER
(PQNDl
oo
-~rr--.---
MECKLENBURG CO
8.U67 UNTY 2214 (R-2248Dl
CHARLOTTE OUTER LOOP
®
NCOOT
nV" TAIL DITCH
±
---± /
. --
/
./
y ± ±
±-
±
I
I I 0/
....... ±
.......
PLAN VIEW
SITE 28
MECKLENBURG COUNTY
B.U672214 1R-2248Dl
CHARLOTT,.. 0 t UTER LOOP
-----.
rp.\ Location: Permit Site 16
(@ Site #2 Sta 1 0+00 Y ·7 Left
Design by: Kevin Williams, PE 2/1/00
Stantec Checked by: Paul Koch, PE 2/2/00
EXISTING PROPOSED USGS REFERENCE
ITEM Cl--iA.~NEL QCI'I/""'1 ,..,..,... -KL:KCH ---1--------.
-····---~ 01/"'\IIUI'II
... Tributary to Tributary to Tributary to STREAM NAME Dixon Branch Dixon Branch Dixon Branch
STREAM TYPE F4 C4 F4
DRAINAGE AREA (DA) 58.66 ha 58.66 ha 58.66 ha
BANKFULL WIDTH (Wbkt) 1.84 m 3.85 m 1.84 m
BANKFULL MEAN DEPTH (dbkt) 0.32 m 0.32 m 0.32 m
. ;WIDTH/DEPTH RATIO-(Wbkldbkt) 5.68 12.00 5.68
BANKFULL X-SECTION AREA (Abkt) 0.60 m2 1.06 m2 0.60 m2
BANKFULL MEAN VELOCITY, m/s 1.38 mps 0.78 mps 1.38 mps
BANKFULL DISCHARGE, m3/s 0.82 m3/s 0.82 m~/s 0.82 m3/s
BANKFULL MAX DEPTH (dmax) 0.47 m 0.46 m 0.47 m
WIDTH Flood-Prone Area (W1pa) 3.68 m 5.65 m 3.68 m
ENTRENCHMENT RATIO (ER) 2.00 1-.47 2.00
MEANDER LENGTH (Lm) 13.0 m 35m 13.0 m
RATIO OF Lm TO Wbkt 7.06 9 7.1
RADIUS OF CURVATURE 3.0 m 10 m 3.0 m
RATIO OF Rc TO W bkt 1.6 2.5 1.6
BELT WIDTH 9.0 77.0 9.0
MEANDER WIDTH RATIO 4.9 20.0 4.9
StNUOSITY (K) 1.15 1.25 1.15
VALLEY SLOPE 0.007 m/m 0.0089 m/m 0.007 mlm
AVERAGE SLOPE (S) 0.006 m/m 0.0071 m/m 0.006 m/m
POOL SLOPE 0.009 m/m 0.0014 m/m 0.009 m/m
RATIO OF POOL SLOPE TO
AVERAGE SLOPE 1.42 0.20 1.42
MAX POOL DEPTH 0.69 m 0.80 m -0.69 m :
RATIO OF POOL DEPTH TO ·
AVERAGE BANKFULL WIDTH 2.13 2.50 2;13
\ POOL WIDTH 1.92 m 5.01 m 1.92 m I
RATION OF POOL WIDTH TO
BANKFULL WIDTH 1.04 1.30 1.04
POOL TO POOL SPACING 15.20 m 19.3 m 15.20 m
RATIO OF POOL TO POOL
SPACING TO BANKFULL WIDTH 8.26 5 8.26
NORTH CAROLINA
, DEPARTMENT OF HIGHWAYS
MECKLENBURG COUNTY
8.U6 72214 (R-22480l
~ CHARLOTTE OUTER LOOP
5 0 10 ~----I I" q c ,.
SCALE SHEEi -~ _ OF _t_
···-·-
. r/2 Location: Permit Site 19
(@ Site #1 Sta 13+00 Rp2D Right
Design by: Kevin Williams, PE 2/1/00
Checked by: Paul Koch, PE 212100 Stantec I
EXISTING PROPOSED USGS REFERENCE ~ . REACH -----lJ_EM _ C,,ANNEt--- --. Kt:.Al_,_M :::>IAIIUN I ... Tributary to Tributary to Tributary to I
STREAM NAME i
Dixon Branch Dixon Branch Dixon Branch !
STREAM TYPE F4 C4 F4
DRAINAGE AREA (DA) 58.66 ha 58.66 ha 58.66 ha
BANKFULL WIDTH (Wbkl) 1.84 m 2.95 m 1.84 m
BANKFULL MEAN DEPTH (dbkl) 0.32 m 0.25 m 0.32 m
~; ;VIDTH/OEPTH RATIO (Wbk,ldbkt) 5.68 12.00 5.68
BANKFULL X-SECTION AREA (Abkt) 0.60 ni2 0.62 m2 0.60 m2
BANKFULL MEAN VELOCITY, m/s 0.40 mps 0.39 mps 0.40 mps
BANKFULL DISCHARGE. m3/s 0.24 m3/s 0.24 m3/s 0.24 m3/s
BANKFULL MAX DEPTH (dmax) 0.47 m 0.35 m 0.47 m
WIDTH Flood-Prone Area (W1pa) 3.68 m 4.33 m 3.68 m
ENTRENCHMENT RATIO (ER) 2.00 1.47 2.00
MEANDER LENGTH (Lm) 13.0 m 42 m 13.0 m
RATIO OF Lm TO Wbkt 7.06 14 7.1
RADIUS OF CURVATURE 3.0 m 9m 3.0 m
RATIO OF Rc TO W bkt 1.6 3.0 1.6
BELT WIDTH 9.0 17.7 9~0
MEANDER WIDTH RATIO 4.9 6.0 4.9
SINUOSITY (K) 1.15 1.36 1.15
VALLEY SLOPE 0.007 mlm 0.0081 mlm 0.007 m/m
AVERAGE SLOPE (S) 0.006 mlm 0.0060 mlm 0.006 m/m
POOL SLOPE 0.009 mlm 0.0012 mlm 0.009 m/m
RATIO OF POOL SLOPE TO
AVERAGE SLOPE 1.42 0.20 1.42
MAX POOL DEPTH 0.69 m 0.61 m -0.69 m
RATIO OF POOL DEPTH TO
AVERAGE BANKFULL WIDTH 2.13 2.50 2.13
POOL WIDTH 1.92 m 3.84 m 1.92 m
RATION OF POOL WIDTH TO
BANKFULL WIDTH 1.04 1.30 1.04
POOL TO POOL SPACING 15.20 m 14.8 m 15.20 m
RATIO OF POOL TO POOL
SPACING TO BANKFULL WIDTH 8.26 5 8.26
!? NORTH CAROLINA
, DEPARTMENT OF ~GHWAYS ,
MECKLENBURG COUNTY
8.U672214 (R-22480l
~ CHARLOTTE OUTER LOOP
5 0 10 P-.-• ..: I
SHEET 8·[ OF ''\ SCALE
i
·~ Location: Permit Site 24 i :
Site #3 Sta 378+15 -L-Lett I
Design by: Kevin Williams, PE 2/1/00 !
i . i Checked by: Paul Koch, PE 2/2/00
I Stantec
I
EXISTING PROPOSED USGS REFERENCE L -STATTOl'r ~ -REACH--t---ITEM --1--GHAN NEL:-t-----REA-crt -
~ --.., Tributary to STREAM NAME Tributary to Tributary to
Dixon Branch Dixon Branch Dixon Branch
STREAM TYPE G4c C4 G4c
DRAINAGE AREA (DA) 33.87 ha 33.87 ha 33.87 ha
BANKFULL WIDTH (Wbkr) 2.03 m 2.65 m 2.03 m
BANKFULL MEAN DEPTH (dbkr) 0.25 m 0.22 m 0.25 m
WIDTH/DEPTH RATIO ·(Wbk/dbkr) 8.00 12.00 8.00
BANKFULL X-SECTION AREA (Abkt) 0.52 m2 0.50 m2 0.52 m2
BANKFULL MEAN VELOCITY, mls 0.60 mps 0.62 mps 0.60 mps
BANKFULL DISCHARGE. m3/s 0.31 m3/s 0.31 m3/s 0.31 m3/s
BANKFULL MAX DEPTH (dmaJ 0.37 m 0.32 m 0.37 m
WIDTH Flood-Prone Area (Wrpa) ..
2.96 m 3.92 m 2.96 m
ENTRENCHMENT RATIO (ER) 1.46 1.48 1.46
MEANDERLENGTH(Lm) 16.0 m 38m 16.0 m
RATIO OF Lm TO W bkt 7.87 14 7.9
RADIUS OF CURVATURE 5.0 m 7m 5.0 m
RATIO OF Rc TO W bkl 2.5 2.5 2.5
BELT WIDTH 11.5 15.9 11.5
MEANDER WIDTH RATIO 5.7 6.0 5.7
SINUOSITY (K) 1.65 1.41 1.65
VALLEY SLOPE 0.016 m/m 0.0162 rnlm 0.016 m/m
AVERAGE SLOPE (S) : 0.009 rn/m 0.0115 m/m 0.009 mlm
POOL SLOPE 0.009 mlm 0.0023 m/m 0.009 mlm
RATIO OF POOL SLOPE TO
AVERAGE SLOPE 0.91 0.20 0.91
MAX POOL DEPTH 0.43 m 0.55 m 0.43 m -
RATIO OF POOL DEPTH TO
AVERAGE BANKFULL WIDTH 1.69 2.50 1.69
POOL WIDTH 1.87 m 3.45 m 1.87 m
RATION OF POOL WIDTH TO
BANKFULL WIDTH 0.92 1.30 0.92
POOL TO POOL SPACING 10.00 m 13.3 m 10.00 m
RATIO OF POOL TO POOL
SPACING TO BANKFULL WIDTH 4.92 5 4.92
NORTH CAROLINA , DEPARTMENT OF HIGHWAYS
MECKLENBURG COUNTY
8.U672214 CR-22480l
~ CHARLOTTE OUTER LOOP
5 0 10
"" 5•? I o--(!" SCALE SHEET !.)..:::> OF .;2_
-·. -·-
i
t ·~ Location: Permit Site 24
Site #4 Sta 380+16 -L-Left
Design by: Kevin Williams, PE 2/1/00
Stantec Checked by: Paul Koch, PE 2/2/00
EXISTING PROPOSED USGS REFERENCE
-RE-Aet-t--STAT1D~ f--KEACH--f----ITEM ----c---GHANN-E--1:: -
~ ----
"' Tributary to Tributary to Tributary to STREAM NAME Dixon Branch Dixon Branch Dixon Branch
STREAM TYPE G4c C4 G4c
DRAINAGE AREA (DA) 12.10 ha 12.10 ha 12.10 ha
BANKFULL WIDTH (Wbkt) 1.53 m 1.85 m 1.53 m
BANKFULL MEAN DEPTH (dbkt) 0.18 m 0.15 m 0.18 m
WIDTH/DEPTH RATIO.(Wbkldbkr) 8.59 12.00 8.59
BANKFULL X-SECTION AREA (Abkt) 0.27 m2 0.25 m2 0.27 m2
BANKFULL MEAN VELOCITY, m/s 0.45 mps 0.50 mps 0.45 mps
BANKFULL DISCHARGE, m3/s 0.12 m3/s 0.12 m3/s 0_.12 m3/s
BANKFULL MAX DEPTH (dmax) 0.22 m 0.19 m 0.22 m .. WIDTH Flood-Prone Area (Wrpa) 1.96 m 2.53 m 1.96 m
ENTRENCHMENT RATIO (ER) 1.28 1.37 1.28
MEANDER LENGTH (Lm) 12.5 m 26m 12.5 m
RATIO OF Lm TO Wbkt 8.16 14 8.2
RADIUS OF CURVATURE 10.0 m 5m 10.0 m
RATIO OF Rc TO Wbkt 6.5 2.5 6.5
BELT WIDTH 9.0 7.4 9.0
MEANDER WIDTH RATIO 5.9 4.0 5.9
SINUOSITY (K) 1.09 1.24 1.09
VALLEY SLOPE 0.011 m/m 0.0178 m/m 0.011 m/m
AVERAGE SLOPE (S) ; 0.010 m/m 0.0144 m/m 0.010 m/m
POOL SLOPE 0.002 m/m 0.0029 m/m ·0.002 m/m
RATIO OF POOL SLOPE TO
AVERAGE SLOPE 0.23 0.20 0.23
MAX POOL DEPTH 0.34 m 0.39 m _ 0.34 m
RATIO QF POOL DEPTH TO
AVERAGE BANKFULL WIDTH 1.91 2.50 1.91
POOL WIDTH 1.91 m 2.41 m 1.91 m
RATION OF POOL WIDTH TO
BANKFULL WIDTH 1.25 1.30 1.25
POOL TO POOL SPACING 10.70 m 9.3 m 10.70 m
RATIO OF POOL TO POOL
SPACING TO BANKFULL WIDTH 6.99 5 6;99
NORTH CAROLINA
DEPARTMENT OF HIGHWAYS
MECKLENBURG COUNTY
8.U672214 tR-22480)
~· CHARLOTTE OUTER LOOP
5 0 10 ~---· i iQQ OF¥$ SCALE SHEET •;.} •
U~:UI:41
Q:\nc 1 \010\ tron\tly<lro\pormll a\summory2.<1on
I
I
j_
VVt I LANU IMPAC IS SUHt-ACE WAll:~ IMPACTS
SITE PROJECT STATION STRUCTURE TYPE FILL IN TEMPORARY EXCAVATION IN MECHANIZED FILL IN FILL IN TEMP . LENGlH Of-RELOCATED
WETLANDS FILL IN WETLANDS CLEARING IN SURFACE 'SURFACE FILL IN 1
1
EXISTING CHANNEL
WETLANDS WETLANDS WATERS WATERS sw I CHANNEL
(METHOD) (NATURAL) (POND) IMPACTED ~ (ha) (ha) (ha) (ha) (ha) (ha) (h a) .I {m) (m)
(1) 2.1 X 1.8 & I 16
0+40 LOOP 2A (2) 2.4 X 1.8 RCBC 0.470 0.051 0.009 0.069 458 167
17 20+40 Y-7 1650 RCP t .042
18 371+00 l 0.024 I
I ** 19 10+00 Y-7 0.017 165 197
400 CSP II
20 16+40 RAMP 2D 0.039 0.007 I
450 RCP I
21 24+80 RAMP 28D 0.026 I
22 28+00 RAMP 28D 1.196 I
J
23 77+10 CDWBL 0.023 0.004 I
2.1 X 1.8 RCBC I 24 450 RCP
365+70 l 1350 RCP 0.030 0.095 I 550 311
900 RCP I i
25 13+80 RAMP 3A 0.004 I 36 I
375 RCP I
26 383+80 L 0.107 I
600 RCP I
27 13+00 RAMP 3D 0.001. 0.002 I
400 CSP 0.012 0.006 I 70 28 11+20 RAMP 3D 0.063 I
I
I
I
I
SHEET TOTAL 0.783 0.027 0.191 2.238 ~. 1279 675
PROJECT TOTAL 1.673 0.013 0. t 15 0.382 3.187 1 2231 870
I
NOTE: I
•-• RELOCATED CHANNEL CONTAINS 122m OF NATURAL CHANNEL DESIGN NORT~ CAROLINA
DEPARTMENT OF HIGHWAYS
I
i MECKLENBURG COUNTY
B.UG 7221~ IR-22480) ~
I
CHARLOTTE OUTER LOOP
I '
SCALE AS SHOWN 011 01;.;., SHEET ]j£_; or !<~~ _.,..
-----. -·
SUMMARY OF AFFECTED PROPERTY OWNERS
TRACT NO. PROPERTY OWNER
G) OAK HILLS, INC
(D_ SANDY COOPEB -----------
~ -
CD NCOOT
CD NCDOT
' CD VANCE RD ASSOCIATES ---
CD JUNE GREEN
0) RUSSELL KAKALEY
0 TED MERRELL
CD JAMES S~LF
® METROLINA PROPERTIES
0 .:
WILLIE DEESE
® EVELYN MCAULEY
® METROLINA PROPERTIES
® ROBERT BLACKWELDER
ADDRESS SITE NO.
4008 OAKDALE RO
CHARLOTTE NC 28216 I& 2
RT I BOX 218-D ----- 2 ~~-HOLLYt\f( Z8120
716 WEST MAIN STREET 3 ALBERMARLE NC 28001
716 WEST MAIN STREET Ll & 5 ALBERMARLE NC 28001
6853 FAIRVIEW RD u20 6 CHARLOTTE NC 28210
. P .0. BOX 220924 6, 7, 8
CHARLOTTE NC 28222 & 9
9342 VANCE RD 6 CHARLOTTE NC 28216
9920 FOREST DR 10 CHARLOTTE NC 28216
9902 FOREST DRIVE 10 CHARLOTTE NC 28216
P .0. BOX 220325 II CHARLOTTE NC 28222
716 W. MAIN STREET II& 12 ALBERMARLE NC 28001
'09 00 A~..t:Y-A,t.l'tJE'RJ>.~A. '\.:;?oA"D 13 u~6\IILL€ tJc.. '2-'0ore -
P .0. BOX 220325 13 CHARLOTTE NC 28222
10409 PUCKETT RD 14 HUNTERSVILLE NC 28078
I OF 2
NORTH CAROLINA
DEPARTMENT OF ~G~WAYS
s:.>_E AS ShOWN
MECKLENBURG COUNTY
8.U672214 !R-22480l
CHARLOTTE OUTER LOOP
?J'•Pjt: ~i1 10",
SHEET ·_p_ r. OF f.o
2
R-2248 D
344+00 to 345+80: The proposed highway and more directly, the proposed ~elocation of
the adjacent road, will impact a high quality wetland. The agencies requested
NCDOT consider shifting the relocated road and redesigning the intersection to
avoid this wetland.
Vance Road Interchange: The agencies questioned whether this intersection could be
eliminated from the design since it appeared other intersections were fairly close
by and could provide the access to the proposed highway. This would also avoid
the impacts io the wetland just mentioned.
Miscellaneous Issues
• The final impact summary sheet should also include impacts from detours and Y
lines.
• All proposed channel relocations throughout the project area should make every effort
to minimize piping and maximize channel relocations. All relocations should be
designed to replicate natural dimensions, pattern and profile, and include natural
substrates and riparian vegetation. Complete relocation plans need to be provided
with the permit application if DOT ex.s,ects to obtain any onsite credit for stream
restoration.
In order to help expedite the permitting process, a statement will be needed which
explains why any of these avoidance/minimization measures cannot be taken. Michael
Wood is the contact person for this project. If you need additional information, please
contact him at [phone]. I appreciate your attention to this matter.
cc: Steve Lund, ACOE Raleigh
John Hennessy, DWQ
Mike Parker, DWQ
Mark Cantrell, USFWS
David Cox, WRC
Greg Brew, Roadway Design
Scott Blevins, Design Services
Kevin Williams, DS Atlantic
Charles Bruton, PD & EA
Phil Harris, PD & EA
.. . . )
JAMES B. HUNT JR.
GOVERNOR
MEMO TO:
FROM:
SUBJECT:
STATE or NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201, RALEIGH, N.C. 27611-5201
February 14, 2000
Mr. Jay Twisdale, P.E.
Hydraulics Unit ~
~ Michael G. Wood, LSS ~~
Project Development & Environmental Analysis
DAVID MCCOY
SECRETARY
JURISDICTIONAL STREAM~ST CHARLOTTE
OUTER LOOP.
On January 26,27 and February 18, 1998, a field review of the wetland and
stream impacts for the subject projects was convened. As a result of these meetings and
subsequent field reviews, the following streams were determined to be jurisdictional
surface waters. While each of these streams will have to be accounted for in the summary
sheets, only those that will require mitigation and are depicted with asterisks(*), need to
be included in the permit drawings. Please note that the U.S. Army Corps of Engineers
and N.C. Division of Water Quality have stated that they now require drawings for all
mitigable streams even if the impacts are less than 150 ft.
296+60
298+70*
308+55*
315+20
318+20*
331+20
343+30*
355+60*
357+70*
367+80* Mitigation required until stream enters culvert at approx. Sta. 368+40 ( -L-),
offset 95 m right.
370+70
377+20* Mitigation required until stream reaches wetland at approximately Sta. 380+20
( -L-), offset 60 m left. From here to Sta. 383+ 17 (-L-), offset 117m left, no
mitigation required. From Sta. 383+ 17 and on, mitigation is required.
383+ 70* Mitigation required until stream reaches the pipe at approx. Sta. 386+ 30 ( -L-),
offset 20 m right.
17+20* [(Y -2), offset 55 m right] Dixon Creek culvert extension
I will be out of the office until 2/23/00, so if you have questions or need additional
information, please contact Ms. Lynn Smith at [phone]. After 2/23/00, please
contact me at [phone].
cc: Scott Blevins, Design Services
Charles Bruton, Ph.D., PDEA
Bruce Ellis, PDEA
Kevin Williams, DS Atlantic
'·
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, .0500. This Certification authorizes the NCDOT to impact an additional
0.05 acres of wetlands above the previously-authorized impacts which include: 11.96 acres of
jurisdictional wetlands through permanent fill, excavation, and mechanized clearing; 20.28 acres of
surface waters; and 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 and the After-the-Fact Modification dated September 19, 2003 filed to construct the North
Charlotte Outer Loop (TIP Nos. R-2248 BB, C, and D).
The August 15, 2001 Application and the September 19, 2003 After-the-Fact Modification Application
provide 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 ofPL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your August 15, 2001 and
September 19, 2003 applications. All work authorized by this Certification must be done in strict
compliance with the plans attached to these Applications. If the above-referenced project changes,
incurring additional impacts to streams, wetlands or buffers, you are required to notify the DWQ in
writing, and you may be required to submit a new application. 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 US Army Corps of Engineers Permit, whichever is later.
Condition(s) of Certification:
1. Two copies of the final construction drawings shall be furnished to NCDWQ within thirty (30)
days of receipt of this Certification. Written verification shall be provided that the final
construction drawings comply with the attached permit drawings contained in the Application
dated August 15, 2001.
2. If an 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.
3. Construction shall be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction-related discharge. Erosion and sediment control
practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard.
a. The erosion and sediment control measures for the U-2009B project must equal or exceed the
proper design, installation, operation and maintenance outlined in the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual. These devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the projects included under this
Certification.
b. For borrow pit sites, the erosion and sediment control measures must equal or exceed the proper
design, installation, operation and maintenance outlined in the most recent version of the North
Carolina Suiface Mining Manual. The reclamation measures and implementation must comply
with the reclamation in accordance with the requirements of the Sedimentation Pollution Control
Act.
c. During the construction of the project the applicant shall strictly adhere to North Carolina
regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0124)
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.
4. Stormwater shall not be routed to flow directly into streams. Stormwater shall be transported by
vegetated conveyance or other means that are appropriate to the site conditions before being
discharged into the streams. Existing wooded stream buffers shall not be mowed in order to
allow them to provide diffuse stormwater flow and/or streambank stabilization.
5. 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, the devices shall be removed and the natural grade restored within 30 days after
the Division of Land Resources has released the project.
6. NCDOT and its contractors and/or agents shall not excavate, fill, or perform mechanized land
clearing at any time in the construction or maintenance of this project within waters and/or
wetlands, except as authorized by this Certification, or any modification to this Certification.
There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this Certification without appropriate modification. If this occurs, compensatory
mitigation will be required since it is a direct impact from road construction activities.
7. Excavation of stream crossings should be conducted in the dry unless demonstrated by the
applicant or its authorized agent to be unfeasible. Sandbags, cofferdams, flexible pipe, or other
diversion structures should be used to minimize excavation in flowing water.
8. 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 woody
species, and 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.
9. Live or fresh concrete shall not come into contact with waters of the state until the concrete has
hardened.
10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is strictly prohibited.
11. Hazardous Spill Catch Basins shall be required for all stream crossings located in the
W atersupply 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 Water Supply Watershed
Critical Area. As-built drawings 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.
12. Riparian vegetation, using native trees and shrubs, must be re-established within the construction
limits of the project by the end of the growing season following completion of construction to
reestablish the riparian zone and to provide long-term erosion control.
13. 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 streambeds 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.
14. Heavy equipment should be operated from the bank rather than in the stream channel unless
demonstrated by the applicant or its authorized agent to be unfeasible. 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 substances.
15. 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 15A NCAC 2H.0506 (h)(6)0. 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 permit issued by the Army Corps of
Engineers.
o Wetland impacts consist of 12.01 acres, including 8.73 acres of riverine wetlands and
3.28 acres of depressional wetlands. Compensatory mitigation of 17.50 acres of riverine
wetlands (2: 1 ratio rounded to the nearest quarter acre) will be accomplished via in-lieu
payments to the NC Wetlands Restoration Program (WRP). The 3.28-acre depressional
wetland will be mitigated for by acquisition of the Ridge Road Mitigation Site.
o Stream mitigation will be provided at a 2: 1 ratio 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
the Division 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 NCDWQ 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 NCDWQ after the first year and every \
other year afterwards for a total of five (5) y®rs. _ _j
o The remaining 22,248 linear feet of stream mitigation shall be provided via in-lieu
payments to the WRP.
o 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 DENR -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 make the payment.
16. 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.
17. NCDOT and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of
the Clean Water Act) and any other appropriate requirements of State law and Federal law. If
DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification,
DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT 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.
NCDOT shall require its contractors (and/or agents) to comply with all of the terms and conditions of this
Certification in the construction and maintenance of this project, and shall provide each of its contractors
(and/or agents) a copy of this Certification.
i •
I
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certific.ation 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 for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This the 2nd day of October 2003
DNISION OF WATER QUALITY
~A~
Alan W. Klimek, P.E.
WQCNo. 3328
..... ·-. ' . '. ., . ' '
DWQ Project No.: _____ _ County: --------------------
Applicant:
Project Name:
Date of Issuance of 401 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, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification, the approved
plans and specifications, and other supporting materials.
Signature: Date: ____________ _
Agent's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification, the approved
plans and specifications, and other supporting materials.
Signature: -----------------------------Date: __________ _
Engineer's Certification
___ Partial ___ Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification, the approved plans and
specifications, and other supporting materials.
Signature-----------------------------------Registration No. _____ _
Date-----------
L , ,,
Regulatory Division
Action ID. 2001J1320l
:J.Oolll.3.:ll
._.
Mr. William D. Gilmore, P.E., Manager
April22, 2002
Project DevelopJ;llent and Environmental Analysis Branch
North Carolina Dep3:f1:ment of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Gilmore:
i .
LJ I ~ .. -f : :~"") ,~~
I
In accordance with the written request of August 15, 2001, and the ensuing administrative
record, enclosed.is a permit to discharge dredged or fill material into 11.96 acres of wetland,
17,252linear feet of stream 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 (I-485) between
Interstate Highway 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, State Project Nos.
8.U672205, 8.U672212 and 8.U672214).
If any change in the authorized work is required because of unforeseen or altered
conditions or for any other reason, the plans revised to show the change must be sent promptly to
this office. Such action is necessary, as revised plans must be reviewed and the permit modified.
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditio.ns could result in a violation ofFederallaw. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2005.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
1 j
Should you have questions, contact Mr. Steven Lund, in our Ashevillt R_egulatory Field
Office, Regulatory Division, telephone [phone] ext. 4.
Enclosures
Copy Furnished with enclosures:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon TearN/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, MD 20910-3282
Sincerely,
FILENAME:R-2248CL68
CESAW-RG~ ~Wj~~~
CESAvflifr!{!I'-11'~.8-
James W. DeLony
Colonel, U.S. Army
District Engineer
Copies Furnished with special conditions and plans:
Mr. Garland Pardue, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
2
Mr. David Rackley
National Marine Fisheries
Service, NOAA
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald Mikulak, Chief
Wetlands Section -Region IV
Water Managem~nt Division
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
163 8 Mail Service Center
Raleigh, North Carolina 27699-1638
Commanding Officer
United States Coast Guard
Marine Safety Office Wilmington
1502 North 23rd Street
Wilmington, North Carolina 28405
Commander, Aoww
Coast Guard, Atlantic Area
ATTN: Tom Flynn
431 Crawford Street
Portsmouth, Virginia 23704
Mr. Ronald E. Ferrell
Wetlands Restoration Program
Division of Water Quality/NCDENR
1650 Mail Service Center
Raleigh, NC 27699-1650
BCF:
CESAW-RG-AILUND
CESAW-RG-A/JOHNSON
CESA W -RG/FRANKLIN
3
OErARTMENT OF THE ARMY PERMIT
NC Department of Transportation
Pernrlt~--------------------------
200131321
Pernrlt No.------------------------
CESAW-RG-A bawngOffice ____________________ __
NOTE: The term "you 11 and its derivatives, as used in this pernUt, means the pernrlttee 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 ofwetland, 17,252linear feet of stream 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 . U you fmd that you need
more time to complete the authorized 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 are not relieved of this requirement if you abandon the permitted activity, although you may make
a 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 86 EDITION OF SEP821S OBSOLETE. (33 CFR 325 (Appendix A))
1
4. If Y9U 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 permit 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 existing 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 strudures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
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ACTION ID: 200131321; TIP NO. R-2248Bll/C.~
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 perfo~ 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.
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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 of non-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 amounts 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
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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.
15. In order to compensate for unavoidable impacts to non-riverine, forested wetlands, the
permittee 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,
including a boundary survey, will be provided to the Corps of Engineers, Asheville Regulatory
Field Office. The permittee 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.
18. 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 culverts. 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.
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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
monitoring results, the Corps may direct the permittee to take appropriate action to remediate
adverse construction-related impacts.
NORTH c~ ... nOLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in cor~formity with the requirements of Section 401 Public Laws
92-500 and 95-217 of the United States and sutje., t ·to the North Carolina Division of Water Quality
(DWQ) Regulations in 15 NCAC 2H, Section .0500. Th.~;: certification authorizes the NCDOT to
impact 11.96 acres of jurisdictional wetlands through permaneni. 1111, excavation, and mechanized
clearing; impact 20.28 acres of surface waters; and fill17,072linear feet of stream channels in
Meck.tenburg County, as described in Tables AI 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 (TIP 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 ofPL 92-500 and PL 95-
217 if conducted in accordance with the application and conditions hereinafter set forth.
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 r~guired 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 op. the s~ day as the expirati<?n date of the ·
corresponding Corps of Engineers Pennit, 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 fuli 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·Iakes and reservoirs,-and all saltwater classes; and 10 NTUs in· trout ·· · --·
waters);
2. ~ediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. H placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
after the Division of Land Resources has releas~d th~ 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
storm water sheet flow. · ·
4. If an environn:.o.~-::--J~ l document is required, this Certification is not valid until a FONSI
or ROD is issued by_ State Clearinghouse. All water quality-related conditions of the
FONSI or ROD shall becotne_ c0nditions of this Certification;
5. Live or fresh concrete shall not come into cG:t2t~ct 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 pennit 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. Chan~el 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 woody species, and 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 t:esult 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 finai
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
~orth Carolina Division of Water Quality 401 Wetlands Units no later than 3Q days after the
construction is completed. · ·
1 1. Prior to any construction activities, the NCDOT shall submit a maintenance plan for all _
stormwater management facilities and hazardous spill ~atch basins associated with the
project. The NCDOT shall be required to implement. the maintenance plan for the life of the
ro~ .
12. Mitigation: Compensatory mitigation shall be the same as that approved by. the US Army
Corps of Engineer.: B.s 10ng as the mitigation required equals a ratio of 1:1 restoration or
creation of lost wetland act~ as described in 15A NCAC 2H.0506 (h)(6). A report must be
submitted to the NC Division ·ot~-~::;;;ter Quality that describes the final approved wetland and
stream mitigation for this project within ('.vr..~~ :months of the issuance of the 404 permit issued
by the Army Corps of Engineers.
... -Wetland impacts consist of 11.96 acres, including 8.68 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 3,362linear feet of on-site stream
reloca~ionlrestoration usi.Iig 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 streani 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 a.re3: shall be
preserved in perpetuity through a preservation easement or some other legally binding
·mechanism or .agreement. The above easeme~t 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 frrst 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 DENR-Wetland Restoration
Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at
-------·--- --·-----------919.933.5083 ext. -958 if you have any questions·conceming the Wetland-Restoration---
Prognim. You have two months from the date of this Certification to make the payment.
13. :Upon completion of the projec~ the NCDOT shall complete and return the en~losed
"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 40 1/W etlands 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.
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Violations of any .:.:r>Ddition herein set forth shall result in revocation of this Ctitification
and may result in crirm;3,{ and/or civil penalties. This Certification shall become null and
void unless the above condu.i:o~),::; :are made conditions of the Federal Permit. This
Certification shall expire upon the eAphr1.tion of the 404 Permit.
If you do not accept any of the conditions of this ce1tifL~ation, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that confonns 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 an4 binding unless you ask for a hearing.
This the 6th day of September 2001
DIVISION. OF WATER QUALITY
• •·• -• ••--•• -·-""7"-----------·-•• ·:·----••• u._ ·••-•-·--· •• • , .. , ' • ••
WQCNo.3328