20120299 Ver 1_Approval Letter_20120403

Beverly Eaves Perdue
Governor
Mr Barry Moose P E
NCDOT Division 10
716 West Main Street
Albemarle NC 28001
M;A
NC®EN
North Carolina Department of Environment and
Division of Water Quality
Charles Wakild
Director
Natural Resources
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Moose
Dee Freeman
Secretary
April 2012
DWQ# 12 0299
Union County
You have our approval in accordance with the attached conditions and those listed below to permanently
impact 148 linear feet (If) (stream relocation) of an unnamed tributary to South Fork Crooked Creek a
perennial stream as described in your application received by the Division of Water Quality (DWQ) on March
26 2012 The location of the project is the intersections of US Highway 74/Wesley Chapel Stouts Road (SR
1377) and Old Charlotte Highway (SR 1009)/Wesley Chapel Stouts Road (SR 1377) in Union County After
reviewing your application we have determined that this project is covered by Water Quality General
Certification Numbers 3820 Please note that you should get any other federal state or local permits before
proceeding with your project including those required by (but not limited to) Sediment and Erosion Control
Non Discharge and Water Supply Watershed regulations This approval will expire with the associated 404
permit unless otherwise specified in the Water Quality Certification
This approval Is valid solely for the purpose and design that you described In your application (unless modified
below) Should your project change you must 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 conditions If total wetland fills for this project (now or in
the future) exceed one acre or if total impacts to streams (now or in the future) exceed 150 linear feet
compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h)(6) and (7) For this approval
to remain valid you must adhere to the conditions listed in the attached certification and those listed below
The relocated stream shall be constructed as depicted In Detail 1 Sheet 5 of the approved plans The
width of the channel shall not exceed two (2) feet and shall be stabilized with coir fiber matting The
confluence of the existing tributary and the relocated stream shall be such that the existing tributary is
not destabilized (i a the tie in angle shall not be 90 degrees) Additionally the relocated stream shall
be designed with a stable slope If the Installation of grade control structures is required to provide the
correct slope NCDOT shall advise DWQ and obtain approval prior to construction of the grade control
structures
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone [phone] Fax [phone] Customer Service 1 877 623 6748
Internet http / /portal ncdenr orq /web/wg
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Aakrally

Mr Barry Moose P E
Page Two
2 The impacted stream will be relocated adjacent to an existing wetland DWQ is concerned that
excavation of a new stream channel in close proximity to the wetland may negatively impact the
hydrology of the wetland (dewater the wetland) Prior to construction, NCDOT shall provide
photos of the existing hydrological conditions of the adjacent wetland as well as a narrative
discussing the hydrological indicators currently present (i e, micro pools) NCDOT shall
periodically visually monitor the adjacent wetland for hydrologic impacts [during construction
and for one (1) year post construction] A site visit shall be scheduled with DWQ staff at end of
the one (1) year monitoring period to determine if the wetland hydrology has been impacted If
the hydrology of the adjacent wetland is impacted due to the relocation of the stream, NCDOT
will be required to modify the permit and mitigation may be required
3 The use of nprap above the normal high water mark shall be minimized Any nprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage
4 Disturbed floodplains and streams shall be restored to natural geomorphic conditions
5 If concrete is used during construction a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills
6 During the construction of the project no staging of equipment of any kind is permitted in waters of the
U S or protected riparian buffers
7 Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream
8 No rock sand or other materials shall be dredged from the stream channel except where authorized by
this certification
9 Temporary dewatering sites must be restored to pre existing conditions unless more natural
geomorphic conditions can be provided
10 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP
measures from the most current version of the NCDOT Construction and Maintenance Activities
manual such as sandbags rock berms cofferdams and other diversion structures shall be used to
prevent excavation in flowing water
11 All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels lubricants hydraulic fluids or other toxic materials
12 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
13 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
14 A copy of this Water Quality Certification shall be posted on the construction site at all times In
addition the Water Quality Certification and all subsequent modifications if any shall be maintained
with the Division Engineer and the on site project manager

Mr Barry Moose P E
Page Three
15 Native riparian vegetation must be re- established within the construction limits of the project by the end
of the growing season following completion of construction
16 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 within 30 days after the Division of
Land Resources has released the project
17 Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design installation and operation and maintenance of such Best Management Practices in order
to protect surface waters standards
a The erosion and sediment control measures for the project must be designed installed operated
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion control measures
must be such that they equal or exceed the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all
construction sites borrow sites and waste pile (spoil) projects including contractor owned or
leased borrow pits associated with the project
c For borrow pit sites the erosion and sediment control measures must be designed installed
operated and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual
d The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act
18 The North Carolina Department of Transportation ( 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 (e g no work shall occur outside of the footprint of the plans provided) In addition
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 may be
required since it is a direct impact from road construction activities
19 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval
20 The outside buffer, wetland or water boundary located within the construction corridor
approved by this certification shall be clearly marked by highly visible fencing prior to any land
disturbing activities Impacts to areas within the fencing are prohibited unless otherwise
authorized by this certification
21 The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
22 Upon completion of the project the NCDOT Division Engineer shall complete and return the enclosed
Certificate of Completion form to notify DWQ when all work included in the 401 Certification has been
completed Please include photographs upstream and downstream of the structure to document
correct installation

3
Mr Barry Moose P E
Page Four
23 Continuing Compliance NCDOT shall conduct its activities in a manner so as not to contravene any
state water quality standard [including any requirements for compliance with section 303(d) of the
Clean Water Act] and any other appropriate requirements of state 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 15 A NCAC 2H 0507(d)
Before codifying the certification DWQ shall notify NCDOT and the USACE 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 USACE for reference in any permit issued pursuant to Section 404 of the Clean Water
Act and shall also become conditions of the 404 Permit for the project
If you do not accept any of the conditions of this Certification you may ask for an adjudicatory hearing You
must act within 60 days of the date that you receive this letter 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 letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act If
you have any questions please telephone Polly Lespinasse in the Mooresville Regional Office at 704 663 1699
Sincerely
_- 5 T 6�
for Charles Wakild
Attachments
cc Liz Hair USACE Asheville Field Office
Sonia Carrillo DWQ Wetlands Unit
File Copy