20210448v2 Aberdeen-Lineberger rd - Gaston - NW13-NW14 mod IP

DocuSign Envelope ID:3EEDCCEO-2793-4362-89F1-A9223B8AD218
STATE o�
ROY COOPER �7 IX
Governor o - a
ELIZABETH S.BISER -
Secretary * *
RICHARD E.ROGERS,jR. NORTH CAROLINA
Director Environmental Quality
August 26,2022
DWR#20210448v2
Gaston County
City of Gastonia
Attn:Mr.Rusty Bost
150 South York St
Gastonia NC 28052
Delivered via email to: [e-mail]
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS-MODIFICATION
Aberdeen Blvd Extension and Lineberger Rd Realignment
Dear Mr.Bost:
Attached hereto is a copy of Certification No.005022 issued to The North Carolina Department of Transportation
(NCDOT)dated August 26,2022. This Certification replaces the one issued on September 7,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
DocuSigned by:
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9C9886312DCD474...
Richard E.Rogers,Jr.
Division of Water Resources
cc: Chris Tinklenberg,Kimley Horn and Assoc(via email)
Bryan Roden-Reynolds,USACE Charlotte Regulatory Field Office(via email)
Sue Homewood,WSRO(via email)
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E North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:3EEDCCEO-2793-4362-89F1-A9223B8AD218
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 Resources(NCDWR)Regulations
in 15 NCAC 2H.0500.This certification authorizes the NCDOT to impact 0.276 acres of jurisdictional wetlands,
1050 linear feet of jurisdictional streams in Gaston County. The project shall be constructed pursuant to the
application dated received June 17,2022. The authorized impacts are as described below:
Type of Impact Amount Approved Amount Approved
Permanent Temporary
Stream
Impact S1 312 linear feet 30 linear feet
Impact S3 273 linear feet 30 linear feet
Impact S5 390 linear feet 60 linear feet
Impact S6 77 linear feet 0 linear feet
404/401 Wetlands
WL 11 0.052 acres 0.010 acres
WL 8 0.224 acres 0.010 acres
Permanent Stream Impacts: 1050 LF;Permanent Wetland Impacts: 0.276 Acres
This approval is for the purpose and design described in your modified application dated June 17,2022. Should
your project change,you are required to notify the NCDWR 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 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.
Project Specific Conditions:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received
an acceptance letter from the NC Division of Mitigation Services(DMS)to meet this mitigation requirement.
Until the DMS receives and clears your payment,and proof of payment has been provided to this Office,no
impacts specified in this Authorization Certificate shall occur. For accounting purposes,this Authorization
Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement.
Compensatory Mitigation Required River and Sub-basin Number
Stream 762 linear feet Catawba
03050102
Wetland 0.276 Acres Catawba
03050102
Citation: 1 SA NCAC 02H.0506(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water
quality standards(including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the project must provide for replacement of existing uses through compensatory
mitigation.
RE Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
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DocuSign Envelope ID:3EEDCCEO-2793-4362-89F1-A9223B8AD218
General Conditions
1. 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 downstream of
the above structures.The applicant is required to provide evidence that the equilibrium is being maintained
if requested in writing by NCDWR.If this condition is unable to be met due to bedrock or other limiting
features encountered during construction,please contact NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required.
[15ANCAC 02H.0506(b)(2)]
2. 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.
[15A NCAC 02B.0200]
3. During the construction of the project,no staging of equipment of any kind is permitted in waters of
the U.S., [15A NCAC 02H.0506(b)(2)]
4. 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. [15A NCAC
02H.0506(b)(2)]
5. 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. [ISA NCAC 02H.0506(b)(2)]
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. [ 15A NCAC
02H.0506(b)(3)]
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
8. No rock,sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
9. 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 the NCDWR 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,the
NCDWR may reevaluate and modify this certification. [ISA NCAC 0213.0200]
10. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3: 1,unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
11. 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. [15A NCAC 02H.0507(c)and 15A NCAC
02H.0506(b)(2)and(c)(2)]
12. The outside 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. [15A
NCAC 02H.0501 and.0502]
13. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules,regulations,or ordinances that may be imposed by other government agencies(i.e.local,state,and
federal)having jurisdiction,including but not limited to applicable buffer rules,stormwater management
rules,soil erosion and sedimentation control requirements,etc.
14. Upon completion of the project(including any impacts at associated borrow or waste sites),the applicant
shall complete and return the"Certification of Completion Form"to notify the NCDWR when all work
RE Q_1� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh,North Carolina 27699-1617
NORTI�OAROUNA
o,P. mnor&.mmmemai0 Ity 919.707.9000

DocuSign Envelope ID:3EEDCCEO-2793-4362-89F1-A9223B8AD218
included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
15. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites,or access roads to waste or
borrow sites,be located in wetlands or streams,compensatory mitigation will be required since that is a
direct impact from road construction activities.[15A NCAC 02H.0506(b)(3)and(c)(3)]
16. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design,installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards[ISA NCAC 02H.0506(b)(3)and(c)(3]):
a. The erosion and sediment control measures for the project must be designed,installed,operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design,installation,operation,and maintenance of the sediment and erosion control measures
must be such that they equal,or exceed,the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual.The devices shall be maintained on all
construction sites,borrow sites,and waste pile(spoil)projects,including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites,the erosion and sediment control measures must be designed,installed,
operated,and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
17. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [ISA NCAC 02H.0506(b)(3)and(c)(3)]
This Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or
CAMA permit. Please be aware that impacting waters without first applying for and securing the issuance of a 401
Water Quality Certification violates Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title
15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction
or operation of facilities will result in a discharge into navigable waters,including wetlands,as described in 33 Code
of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State certification or
coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file
with the Director of the North Carolina Division of Water Quality. Violations of any condition herein set forth may
result in revocation of this Certification and may result in criminal and/or civil penalties. Pursuant to G.S. 143-
215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of
$25,000.00 per day for each violation.
This approval and its conditions are final and binding unless contested[G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 211.0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal Regulations
(CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH)
within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter 150B of the North
Carolina General Statutes and Title 26 of the North Carolina Administrative Code.Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the
OAH Clerk's Office at(919)431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F.Lane,General Counsel
Department of Environmental Quality
D QNorth Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NQMI�QMOUNA
o,P. mnorammmemi0 Ity 919.707.9000

DocuSign Envelope ID:3EEDCCEO-2793-4362-89F1-A9223B8AD218
1601 Mail Service Center
Raleigh,NC 27699-1601
If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 150B-23(a).
If you have any questions about this approval,please contact Amy Chapman at: amy.chapman(&ncdenr.gov or 919-
707-3871.
This the 26th day of August 2022
DIVISION OF WATER RESOURCES
DocuSigned by:
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9C9886312DCD474...
Richard E.Rogers,Jr.,Director
WQC No.005022
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
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D.wrb..n or 919.707.9000