20130322 Ver 1_Approval Letter_20130412

Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E. John E. Skvarla, III
Director Secretary
April 12, 2013
Mecklenburg County
NCDWQ #: 13 -0322
TIP /State Project No. P -5208H
Mr. Mark Hamel
Mgr. Env. Programs
NCDOT, Rail Division
1553 Mail Service Center
Raleigh, NC 27699 -1553
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dear Mr. Hamel:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of the improvements
to the Grier Road Crossing in Mecklenburg County:
Stream Im acts in the Yadkin River Basin
Site
Permanent Fill in
Temporary Fill in
Permanent Fill
Temporary Fill in
Total Stream
Stream
Intermittent
Intermittent
in Perennial
Perennial Stream
Impact
Impacts
Stream (linear ft)
Stream (linear ft)
Stream (linear ft)
(linear ft)
(linear ft)
Requiring
Mitigation
linear ft
S1
0.09
260
0.09
260
Total
0.09
260
0.09
260
Total Stream Impact for Project: 260 linear feet.
Wetland Impacts in the Yadkin River Basin
Site
Fill
Fill
Excavation
Area under
Total Wetland
Wetland
(ac)
(temporary)
(ac)
Bridge
Impact (ac)
Impact
(ac)
(ac)
Requiring
Mitigation
ac
W1
(non -Riv)
0.09
0.09
0.09
Total
0.09
0.09
0.09
Total Wetland Impact for Project: 0.09 acres.
The project shall be constructed in accordance with your application dated March 18, 2013. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Numbers 3886 and 3893. This certification
corresponds to the Nationwide Permits 14 and 33 issued by the Corps of Engineers. In addition, you should acquire any other federal,
state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone]i FAX- 919 - 807 -6492
Internet: www.ncwaterguality.org '
An Equal Oopodunity + Wrmative Action Employer
One
Not-thCarolina
Naturally

This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project
change, you must notify the NCDWQ and 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 total wetland fills for this
project (now or in the future) exceed one acre, or of 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(s) and any additional conditions listed below.
Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams 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 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 is being maintained if requested in writing
by 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.
2. Diversion ditches shall be matted to prevent excess erosion
3. 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.
4. 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.
5. Compensatory mitigation for 260 linear feet of impact to streams and 0.09 acre of wetland 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 March 19, 2013 that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above - referenced project, in accordance with the EEP Mitigation Banking Instrument signed
July 28, 2010.
6. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and
reduce the introduction of other pollutants into the stream.
7. 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.
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
10. 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 NCDWQ 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, NCDWQ may reevaluate and modify this certification.
11. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this
certification. Fill slopes within 50 ft any stream or wetland and with slopes steeper than 3:1 shall be matted once the height of
the fill exceeds 15 ft.
12. A copy of this Water Quality Certification shall be maintained 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.
13. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery.

14. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer or
authorized person shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work
included in the 401 Certification has been completed.
15. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) must be reestablished in
the riparian areas within the construction limits of the project by the end of the growing season following completion of
construction.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:OOam and 5:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed
with the Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,
please contact Alan Johnson at 704 - 663 -1699 or alan.johnson @ncdenr.gov.
Sincerely,
Charles Wakild
Director
Attachment: General Certifications
cc: Larry Thompson, Division 10 Environmental Officer
Sarah'Hair, US Army Corps of Engineers, Asheville Field Office
Kelly Williams, Ecosystem Enhancement Program
Sonia Carrillo, Wetlands Unit