20130485 Ver 2_Approval Letter_20140619

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Marc Hamel
NCDOT, Rail Division
1553 Mail Service Center
Raleigh, NC 27699 -1553
John E. Skvarla, III
Secretary
June 19, 2014
DWQ# 13- 0485V2
Cabarrus /Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Additional Impact, 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
modified application dated June 6, 2014, and received by the Division of Water Resources
(Division) on June 18, 2014. These impacts are covered by Water Quality General Certification
Number 3886 and 3885. These General Certifications allow you to use Nationwide Permit
Numbers 14 & 13 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) All previous conditions and impacts approved in the Water Quality Certification issued on
May 28, 2013 remain in effect.
2) Approved additional impacts:
Stream Impacts in the Yadkin -Pee Dee River Basin
Stream
Temporary
Permanent
Total
Mitigation
Sites
Fill
Fill
Stream
Required
I
I
Impacts I
I
S10 (proposed)
4
1 15
19
0
S10 cumulative
38
1 137
165
0
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 733 -1290
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
naturally

3) Compensatory mitigation is proposed for the addition 15 linear feet of impact to streams is
required by COE.
4) 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.
5) 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.
6) 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
7) 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 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 Resources 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,
Thomas A. Reeder, Director
Division of Water Resources
cc: Crystal Amschler, US Army Corps of Engineers, Asheville (electronic copy only)
Sonia Carrillo, Wetlands Transportation Unit
Alan Johnson, MRO
DWQ# 13- 0485V2