20070221 Ver 1_Approval Letter_20070613

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 13, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS for the Proposed Widening of NC 16 (Old Providence
Road) from SR 2948 (Rea Road Extension) in Union County to South of I-485 (Charlotte
Outer Loop) in Mecklenburg County, Federal Aid Project No. STP-16(20), State Project
No. 8.1672807, TIP U-2510A, DWQ No. 07-0221
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3613 issued to The North Carolina Department of
Transportation (NCDOT) dated June 13, 2007.
If we can be of further assistance, do not hesitate to contact us.
Attachments
S' cer y,
/~~
Coleen H. Sullins
irector
cc: Steve Lund, US Army Corps of Engineers, Asheville Field Office
Chris Militscher, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
William Gilmore, Ecosystem Enhancement Program
Polly Lespinasse, DWQ Mooresville Regional Office
File Copy
Nao e~Carolina
Transportation Permitting Unit d -'utuCa~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS
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 permanently 1.28
acres of jurisdictional wetlands and 5451inear feet of jurisdictional streams in Union and Mecklenburg
Counties. The project shall be constructed pursuant to the application received February 7, 2007 and
additional information received May 17, 2007. The authorized impacts are as described below:
Stream Impacts in the Catawba River Basin
Site/Station Permanent Fill in Temporary Permanent Temporary Total Stream
(from/to) Intermittent Stream Fill in Fill in Fill in Stream Impacts
(linear ft) Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream (linear ft) Mitigation
ft linear ft linear ft 'near ft
2A 99 0
(approximately
75+00/80+00)
2 162 - 0
(85+58/86+08)
**3 **40
(124+69/124+95)
4 115 0
(145+26/ 146+25)
5 147 0
(193+96/194+32)
6 34 0
(203+57/203+68)
Total Stream Impacts for Project: 5451inear feet
**Stream impacts at Site 3 will be reduced by 401inear feet as four box culverts will be replaced by
abridge.
Wetland Impacts in the Catawba River Basin
Site/System
Type Fill
(permanent)
(ac) Fill
(temporary)
(ac) Excavation
(ac) Mechanized
Clearing
(ac) Hand
Clearing
(ac) Area
under
Bridge
(ac) Total
Wetland
Impact
(ac)
1 (Non-Riverine) 0.30 0.07 0.37
3 (Riverine 0.09 0.07 0.16
4 (Riverine) 0.46 0.01 0.23 0.70
5 (Riverine) 0.04 0.01 0.05
Total 0.89 0.01 0.38 1.28
Total Wetland Impacts for Project: 1.28 (0.37 Non-Riverine/0.91 Riverine)

Open Water (Ponds) Impacts in the Catawba River Basin
Site Permanent Fill in
O en Waters ac Temporary Fill in
O en Waters ac Total Fill in Open Waters
ac
1 0.01 0.01
Total 0.01 0.01
Total Open Water Impacts for Project: 0.01 acres
The application provides adequate assurance that the discharge of fill material into the waters of the
Catawba River Basin and wetlands in conjunction with the proposed development will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306,
307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated
received February 7, 2007, and additional information received May 17, 2007. Should your project
change, you are required to notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certi~`ication and approval letter, and is thereby responsible for
complying with all the conditions.
If any 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, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire on
the same day as the expiration date of the corresponding Corps of Engineers Permit.
Conditions of Certification:
It is the understanding of DWQ that a revised Indirect and Cumulative Effects (ICE) Report has
been issued for this project. DWQ has not received a copy of this revised report. If information
is contained within the report, which reveals that construction of this project as currently
proposed, could adversely affect water quality standards and/or the protection of aquatic
resources, DWQ will require a modification to this Water Quality Certification. No impacts to
jurisdictional waters are authorized under this certification until the final ICE has been submitted
to, and approved (in writing) by, the NC Division of Water Quality.
2. A four (4) barrel box culvert will be replaced by a bridge at Station 124. Removal of the culverts
shall not cause destabilization of the stream at this location. If the stream becomes destabilized
due to the culvert removal and/or the construction of the bridge, NCDOT will be required to
stabilize the stream. DOT shall monitor the stream crossing for a period of 2 years, or one
bankfull event, whichever comes first. The monitoring shall consist of photographs submitted to
the DWQ for the section of stream immediately upstream, downstream as well as the actual
crossing. A site visit with the DWQ can be used to fulfill the annual monitoring requirement. If
at anytime during the monitoring period DWQ determines the steam is unstable due to the
authorized impact, corrective action maybe required along with a corresponding modification to
the 401 Water Quality Certification. NCDOT staff shall contact DWQ staff for authorization
prior to the installation of any measures within the stream.

3. After the site is closed out by DWQ, the 40 feet of stream will be available for use by DOT as
stream restoration credit for use in Hydrologic Unit 03050103.
4. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below
the elevation of the streambed by one 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,
streambeds or banks, adjacent to and upstream and downstream of the structures. The applicant
is required to provide evidence that the equilibrium is being maintained if required in writing by
the Division of Water Quality (DWQ). If this condition is unable to be med due to bedrock or
other limiting features encountered during construction, please contact the DWQ for guidance on
how to proceed and to determine whether a permit modification will be required.
5. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross
sections as closely as possible, including pipes or barrels at floodplain elevation and/or sills
where appropriate. Widening of the stream channel should be avoided. Stream channel widening
at the inlet or outlet end of structures-typically decreases water velocity causing sediment
deposition that requires increased maintenance and disrupts aquatic life.
6. The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)]
for the project. Temporary cover (wheat, millet, or similar annual grain) or permanent
herbaceous cover should be planted on all bare soil within 15 days of ground disturbing activities
to provide long term erosion control. Erosion control matting should be used in conjunction with
appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be
secured in place with staples, or wherever possible, live stakes of native trees. Straw mulch and
tall fescue should not be used in riparian areas.
6. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly
designed, sized and installed.
7. Bridge deck drains should not discharge directly into the stream. Stormwater should be directed
across the bridge and pretreated through site appropriate means (grassed swales, pre-formed scour
holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version
of Stormwater Best Management Practices.
8. During construction of the project, no staging of equipment, of any kind, is permitted in waters of
the U.S. or protected riparian buffers.
9. 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.
10. The dimension, pattern and profile of the stream above and below the crossing should not be
modified. Disturbed floodplains ands streams should be restored to natural geomorphic
conditions.

work area. Approved BMP
11. All work in or adjacent to stream waters shall be conducted in a dry
measures from the most current version of the NCDOdTo hersdiver~ on structures shall be used to
Manual such as sandbags, rock berms, cofferdams
prevent excavation in flowing water.
12. Heavy equipment shall be operated from the ba tion of other pollut nts into the stream.order to
minimize sedimentation and reduce the mtrodu
13. All mechanized equipment operated near surfs Wa ers fromufuelsrlubricants, hydraulic fluids, or
maintained to prevent contamination of stream
other toxic materials.
-y
14. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
16. All fill slopes located in jurisdictional wetlandori hall be placed at slopes no flatter than 3:1,
unless otherwise authorized by this_Certificat
located within the construction corridor approved
17. The outside buffer, wetland or water boundary
by this authorization shall be clearly markers bh fencing are prohibited unless otherwi e
disturbing activities. Impacts to areas withi
authorized by this Certification.
18. Native riparian vegetation must be re-established withi constructionction limits of the project by
the end of the growing season following completion o
19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated this permit without appropriate modificatiobe rehu~red since that~s a direct impact ted
in wetlands or streams, compensatory mitigation will q
from road construction activities.
20. Erosion and sediment control practices and oe eration and maintenance of~such Best ns
governing the proper design, installation p
Management Practices in order to protect surface water standards.
21. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance 11 be maint fined on all construction sitesCborrow sites,
Surface Minting Manual. The devices sha
and waste pile (spoil) projects, including contract n~ o omust comply withlthe requirement h
the project. The reclamation measures and ample
of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placoed e ment and erosion control devices
otherwise approved by this Certification. If placement
in wetlands and waters is unavoidable, they shall be removed and the natural grade restored
upon completion of the project.
23. Compensatory mitigation for 1.25 acres of imp o s eo fog C mpensatoryvm t gat n ford impacts
required. We understand that you have chosen p

to wetlands through the North Carolina Ecosystem Enhancement Program (EEP) and that the
EEP has agreed to implement the mitigation for this project. EEP has indicated in a letter dated
June 6, 2006 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above referenced project, in accordance with the
Tri-Party MOA signed on July 22, 2003, and the Dual-Party MOA signed on April 12, 2004.
24. 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.
25. Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.
26. The permittee 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 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), that State or Federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may re-evaluate and modify this
certification. '
Violations of any condition herein set forth may 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 Federa1404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or LAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request-must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 13th day of June 2007
DIVISION OF WATER QUALITY
~Coleen H. Sullins
Director
WQC No. 3613