20130485 Ver 1_Approval Letter_20130528

AG'al
NC®GNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
May 28, 2013
DWQ# 13 -0485
'Ca barrus /Mecklenburg County
Mr. Marc Hamel
NCDOT, Rail Division
1553 Mail Service Center
Raleigh, NC 27699 -1553
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Haydock/Junker Rail Improvement Project, TIP P- 5208A, C, G, I
Dear Mr. Hamel:
You have our approval for the impacts listed below for the purpose described in your application dated
May 6, 2013, and received by the Division of Water Quality (Division) on May 7, 2013. ' These impacts are
covered by Water Quality General Certification Number 3886 and 3893. These General Certifications allow
you to -use Nationwide Permit Numbers 14 & 33 once they are issued to you by the U.S. Army Corps of
Engineers. Please note that you should obtain 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 is valid for the purpose and design described in your application. If you change your
project, you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General
Certification(s) and is responsible for complying with all conditions.
This approval requires you to follow the conditions listed in the enclosed certification(s) and the
following additional conditions:
1) Approved Impacts as listed and submitted in Table' #1:
Wetland Impacts in the Yadkin -Pee Dee River Basin
Wetland
Clearing
Permanent
Total
Mitigation
# of Sites
Impact
Fill
Wetland
Required
(ac)
(ac)
Impacts (ac)
(ac)
9
0.15
0.36
0.51
0.51
Mooresville Regional Office
Location. 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: (704) 663 - 1699 \Fax: [phone]\ Customer Service: 1- 877 - 623 -6748
Internet: http: / /portal.ncdenr.org /web /wq
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Approved Impacts as listed and submitted in Table #2:
Stream Impacts in the Yadkin -Pee Dee River Basin
Stream
Temporary
Permanent
Total
Mitigation
# of Sites
Fill
Fill
Stream
Required
(If)
(if)
Impacts (If)
(if)
16
329
1681
2010
1681
2) 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 Division. If this
condition is unable to be met due to bedrock or other limiting features encountered during construction,
please contact the Division for guidance on how to proceed and to determine whether or not a permit
modification will be required.
3) Existing stream dimensions, pattern, and profile shall be maintained (or restored) immediately above
and below the stream crossing. Immediately upon completion of the installation, water flow shall be
returned to its natural course. If any of the culverts become perched, the appropriate stream grade
shall be re- established or, if the culverts are installed in a perched manner, they shall be removed.
4) The hydrology of wetlands shall not be impaired. Drainage patterns to the maximum extent practicable
shall be maintained.
5) Compensatory mitigation for 1681 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 May 1, 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) During construction, diversion ditches shall be matted to prevent the erosion of the ditch. Additionally,
fill slopes >/= 15 ft in height and within 50 ft of stream /wetlands shall be matted as they are completed.
7) Rip rap shall be limited to the greatest extent practical in the construction of the flood plain bench at the
inlet and outlet of the secondary culvert. If possible, depending on stream velocity /hydraulics, coir logs
and heavy matting should be considered.
8) Streams receiving stormwater discharges shall not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
9) The use of rip -rap shall be minimized and rip -rap placed for stream stabilization shall be placed in that it
does not impede aquatic life passage.
10) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
11) Native riparian vegetation 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.

12) 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.
13) A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, all subsequent modifications, if any, shall be maintained with the Division Engineer and the
on -site project manager.
14) Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
DWQ (and regional office) when all work included in the 401 Certification has been completed
15) 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.
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 request a hearing, a written petition
must be submitted conforms to Chapter 1506 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 request a hearing.
This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704 - 663 -1699.
Attachments
cc: Amanda Jones, Army Corps of Engineers, Asheville
Sonia Carrillo, Wetlands Transportation Unit
DWQ# 13 -0485
Sincerely,
for Charles Wakild, P. E.