20090308 Ver 2_Triage Check List_20121001

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
October 1 2012
DWQ#09 0308 V2
Mecklenburg County
Mr Isaac Hinson
Charlotte Stormwater Services
600 East Fourth Street
Charlotte NC 28202
APPROVAL 401 Water Quality Certification Renewal with Additional Conditions
Dear Mr Hinson
Your request for a permit renewal/extension for the above referenced project has been approved in
accordance with the attached conditions and those listed below to permanently Impact a total of
788 linear feet(If) of streams as listed in the table below
Location Stream Name Length and Type of Impact Amount of Mitigation
and Stream Required
Type
Stream A Paw Creek/ 270 linear feet of permanent
(Crossing Perennial impact for culvert(110 If) and 270 linear feet
1) riprap stabilization (160 If)
Stream B Unnamed 298 linear feet of permanent
(Crossing tributary to Paw impact for culvert(131 If) 298 linear feet
2) Creek/ riprap stabilization (80 If) and
Perennial stream fill (87 If)
Stream C Unnamed 220 linear feet of permanent
(Crossing tributary to Paw impact for fill (153 If) riprap None
3) Creek/ stabilization (21 If) and
Intermittent hydrologic severance (46 If)
Stream impacts are associated with the widening of Freedom Drive as described in your complete
application received by the Division of Water Quality (DWQ) on August 28 2012 after reviewing your
application we have determined that this project Is covered by Water Quality General Certification
Numbers 3886 This approval hereby voids the original WQ Certification for this project dated July 27
2009 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
1617 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www ncwaterquality org One
An Equal Opportunity 1 Affirmativ Action Employer NorthCarolina
Naturally

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This approval is valid solely for the purpose and design that you described in your application (unless
--9-a - r,-s,,d4 d yam',) Should y our project change you Est Fy4e 2^,1 you may be T
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)
Mr Isaac Hinton for this approval to remain valid you must adhere to the conditions listed in the
attached certification and those listed below
1 Floodplain benches shall be constructed on inlet and outlet ends of the proposed culverts on
Stream A(Paw Creek)as per the plans submitted to this office on June 29 2009 The floodplain
benches shall be constructed such that the natural stream dimension is restored/maintained in
the area of the culvert installation In addition sills shall be installed on the inlet and outlet ends
of the high flow culvert as indicated in the application
2 NCDWQ is aware that stream impacts were minimized through the use of 2 1 slopes on Stream B
(unnamed tributary to Paw Creek) While NCDWQ appreciates the additional stream impact
avoidance and minimization efforts we are still concerned about sediment impacts during
construction due to the height of the slopes (approximately 20 feet) As indicated in the additional
information received on June 29 2009 erosion control matting must be installed on the slopes to
provide stabilization and prevent sediment loss to the stream If sediment loss is observed during
construction stream restoration (sediment removal) and additional stabilization measures may be
required
3 All stormwater outfalls must discharge to an energy dissipator prior to discharging to the stream
in order to prevent streambank erosion
4 Compensatory mitigation for 568 linear feet of impact to streams is required We
understand that you have chosen to perform compensatory mitigation for impacts to streams
through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has
agreed to implement the mitigation for the project EEP has indicated in a letter dated January
26 2009 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above referenced project in accordance with the
In Party MOA signed July 22 2003 and the Dual Party MOA signed on April 12 2004
5 The use of riprap above the normal high water mark shall be minimized Any riprap placed
for stream stabilization shall be placed in stream channels in such a manner that it does
not impede aquatic life passage
6 Placement of culverts and other structures in waters streams and wetlands shall be placed below
the elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48
inches and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches
to allow low flow passage of water and aquatic life Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner
that may result in dis equilibrium of wetlands or streambeds or banks adjacent to or upstream
and downstream of the above structures The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by the NCDWQ If this condition is unable
to be met due to bedrock or other limiting features encountered during construction please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit
modification will be required

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7 The dimension pattern and profile of the stream above and below the crossing shall not be
modified D sturbed flog-4plaine ark ed to natural ccomorphic conditions._.— — —
8 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
9 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
10 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
11 No rock sand or other materials shall be dredged from the stream channel except where
authorized by this certification
12 Temporary dewatering sites must be restored to pre existing conditions unless more natural
geomorphic conditions can be provided
13 If concrete is used during construction a dry work area should be maintained to prevent direct
contact between curing concrete and stream water Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills
14 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
15 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
16 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
17 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited
18 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
19 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
20 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
21 Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards

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a The erosion and sediment control measures for the project must be designed installed
- -�--s operated -and mairtained in a-c9%aw.ve.-,t" the.r. st cstt sion of the Ncth 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
22 The Permittee 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
23 The Permittee shall ensure that the final design drawings adhere to the certification and to the
drawings submitted for approval
24 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
25 The Permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery
26 Upon completion of the project the permittee 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
27 Continuing Compliance The Permittee 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 the Permittee 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

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Hearings 6714 Mail Service Center Raleigh N C 27699 6714 This Certification and its conditions are
�. f nal and bwod ns is.s,,o.,ask fc a haa-f^ — _
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 Michael Burkhard in the Mooresville Regional Office at 704
663 1699
Sincerely
7//(1X1dAP
for Chuck Wakild
Attachments
cc USACE Asheville Field Office
Sonia Gregory DWQ Wetlands Unit
File Copy