20121107 Ver 1_Approval Letter_20130328

A A
NCDENR
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
March 28, 2013
Rowan County .
NCDWQ Project No. 20130284
Reid to N. Kannapolis Rail
TIP Nos. P5206BCDF
APPROVAL of 401 WATER QUALITY CERTIFICATION and ISOLATED WETLANDS PERMIT
Pursuant to IWGP100000 with ADDITIONAL CONDITIONS
Mr. Marc Hamel, Rail Division Engineer
NCDOT, Rail Division
1553 Mail Service Center
Raleigh, NC 27699 -1553
Dear Mr. Hamel:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
Railroad Improvements from Reid to North Kannapolis in Rowan County:
Ctream Tmnnptk in the Vadkin Pop Dpp Rider Racin
Section
Permanent Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
(Site)
Intermittent
Perennial Stream
Perennial Stream
Impact
Impacts
Clearing (ac)
Stream (linear ft)
(linear ft)
(linear ft).
(linear it)
Requiring
ac
ac
Mitigation
C2
.02
.01
.02
linear ft
B 1
42
.02
42
.01
C (3- Stream SO)
11
.05
11
C 3- Stream SP)
217
217
217
D (1)
80
14>
94
D 2)
55
5
60
270
135
19
424
217
Total
Total Stream Impact for Project: 424 linear feet.
Wetland ill in the Vadkin Pep Doe 1l Racin
Section
Fill
Fill
Excavation
Mechanized
Band Clearing
Area under
Total Wetland
(Site)
(ac)
(temporary)
(ac)
Clearing (ac)
(ac)
Bridge
Impact (ac)
ac
ac
C2
.02
.01
.02
.05
.02
.01
.02
.05
Total
I otal wetlana impact for Project: 0.05 acres. .
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury . St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 91M07-6492
Internet: wwwmwateroualilv.om
An Equal opportunity l Affirmative Action Employer
NorthCarolina
Naturally

Isolated Wetland Tmnactss in the Yadkin Pee Dee River Basin
Site
Fill
(ac)
Fill
(temporary)
ac
Excavation
(ac)
Mechanized
Clearing (ac)
Hand Clearing
(ac)
Total Wetland
Impact (ac)
B(1 )
.02
.02,
.04
B(2)
.03
.02
.05
C(1 -WO )
.04
.04
C 1 -WR
.01
.01
.02
Total
.09
.01
.OS-
.15
Total Isolated Wetland Impact for Project: 0.15 acres.
The project shall be constructed in accordance with your application dated received March 18, 2013 with updated
Stormwater Management Plans received March 28, 2013. After reviewing your application, we have decided that
these impacts are covered by Isolated Wetlands Permit no. IWGP100000, and by General Water Quality
Certification Numbers 3886 and 3893. These General Certifications certification correspond to the Nationwide
Permit 14 and Nationwide Permit 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.
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 NCD WQ 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 21.0506
(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.
Condition(s) of Certification:
Project Specific Conditions
1. Post - construction stormwater shall be designed as approved in updated stormwater management plans dated
received March 28, 2013. If any changes are made to the post-construction stormwater design, the Division
of Water Quality shall be contacted for approval of the changes.
2. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre - construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWQ staff shall be invited to the
pre- construction meeting:
3. Compensatory mitigation for 217 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 March 12, 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:
4. Two copies of the final construction drawings shall be furnished toNCDWQ Central Office prior to the pre
construction meeting. The permittee shall provide written verification that the final construction drawings
comply with the permit drawings contained in the permit application dated received March 18, 201 . Any
deviations from the approved drawings are not authorized unless approved by the NC Division of Water
Quality.
5. Channel relocations shall be completed and stabilized, prior to diverting water into the new channel. Stream
banks shall be matted with coin -fiber matting. Vegetation used for bank stabilization shall be limited to native
riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated
channel to the maximum extent practical. Also, rip -rap maybe allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any calculations used

to determine the extent of rip -rap coverage requested. Once the stream has been turned into the new channel,
it may be necessary to relocate stranded fish to the new channel to prevent fish kills.
6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality
Certification.
7. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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.
8. For the 19 linear feet of streams tieing impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species.
9. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be buried. These pipes shall be installed at natural ground elevation.
General Conditions
1. 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.
2. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
3. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
5. 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.
6. 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.
7. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification:
8. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
10. 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.
11. The Pemnttee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
12. 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.
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 8:00am and 5 i00pm, 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

1 A copy of the petition must also be served on DENR as follows:
{
y
Mr. Lacy Presne11, General Counsel
Department of Environment and Natural Resources
j 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 Amy Euliss at (336) 771 -4959 or amy.euliss @ncdem.gov.
Sincerely,
Charles Walcild
Director
Attachments: General Certification nos. 3886 and 3893 and Isolated Wetlands Permit IWGP100000
(permittee only)
cc: Scott Davis, Axiom Environmental, me. (electronic copy only)
Kent Boyer, Division 9 Environmental Officer (electronic copy only)
John Thomas, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program (electronic copy only)
Transportation Permitting Unit, (electronic copy only)'
File Copy

ARM)
NCDENR
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
NCDWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699- 1650, This form
may be returned to NCDWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Pemuttee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
Transportation and Permitting Unit One
1650 Mail Service Center. Raleigh, North Carolina 27699-1617 Nol'thCarolllla
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 iy i�y�zY //�
Phone: [phone] FAX: [phone] Naturally
Internet: wvAcrumaleroualitv.oro
An Equal opportunity l Affirmative Action Employer