20070221 Ver 1_Approval Letter_20071031

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Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
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W ~i~:>.m G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 31, 2007
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal
Clean Water Act with ADDITIONAL CONDITIONS for the Proposed Widening of NC 16
(Old Providence Road) from SR 2948 (Rea Road Extension) in Union County to South of I-
485 (Charlotte Outer Loop) in Mecklenburg County, Federal Aid Project No. STP_-16(20),
State Project No. 8.1672807, TIP U-2510A, DWQ No. 07-0221
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3613 issued to The North Carolina Department of
Transportation (NCDOT) dated June 13, 2007. This modification is applicable only to the additional
proposed activities. All authorized activities and conditions of the certification associated with the
original Water Quality Certification, dated June 13, 2007, still apply except where superceded by this
certification.
If we can be of further assistance, please do not hesitate to contact Polly Lespinasse at [phone].
Sincerely,
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Attachments
for Coleen H. Sullins
Director
cc: Steve Lund, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Sonia Gregory, DWQ Wetlands Unit
File Copy
No~chCarolina
Transportation Permitting Unit ~l1tllCR~~lf
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] I Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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 Quality (DWQ)
Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact permanently 1.28
acres of jurisdictional wetlands and 545 linear feet of jurisdictional streams in Union and Mecklenburg
Counties. The project shall be constructed pursuant to the modification received September 11, 2007.
The authorized impacts are as described below:
Stream Impacts in the Catawba River Basin
Site/Station Permanent Fill in Temporary Permanent Temporary Total Stream
(from/to) Intermittent Stream Fill in Fill in Fill in Stream Impacts
(linear ft) Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream (linear ft) Mitigation
ft linear ft linear ft linear ft
2A 99 0
(approximately
75+00/80+00)
2 162 0
(85+58/86+08)
**3 **40
(124+69/124+95)
4 115 0
(145+26/146+25)
5 135 0
(193+96/ 194+32)
6 34 0
(203+57/203+68)
Total Stream Impacts for Project: 5451inear feet
**Stream impacts at Site 3 will be reduced by 401inear feet as four box culverts will be replaced by
abridge.
Wetland Impacts in the Catawba River Basin
Site/System
Type Fill
(permanent)
(ac) Fill
(temporary)
(ac) Excavation
(ac) Mechanized
Clearing
(ac) Hand
Clearing
(ac) Area
under
Bridge
(ac) Total
Wetland
Impact
(ac)
1 (Non-Riverine) 0.30 0.07 0.37
3 (Riverine) 0.09 0.07 0.16
4 (Riverine) 0.46 0.01 0.23 0.70
5 (Riverine) 0.04 0.01 0.05
Total 0.89 0.01 0.38 1.28
Total Wetland Impacts for Project: 1.28 (0.37 Non-Riverine/0.91 Riverine)

Open Water (Ponds) Impacts in the Catawba River Basin
Site Permanent Fill in
O en Waters ac) Temporary Fill in
O en Waters (ac) Total Fill in Open Waters
(ac
1 0.01 0.01
Total 0.01 0.01
Total Open Water Impacts for Project: 0.01 acres
The application provides adequate assurance that the discharge of fill material into the waters of the
Catawba River Basin and wetlands in conjunction with the proposed development will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306,
307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your modified application
received September 11, 2007. All authorized activities and conditions of the certification associated with
the original Water Quality Certification dated June 13, 2007, still apply except where superceded by this
certification. Should your project change, you are required to notify the DWQ 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.
Conditions of Certification:
1. The modification request results in a reduction of 12 linear feet of permanent stream impact at
Permit Site 5. The reduction in impacts is due to the elimination of a proposed ditch. The ditch
will be replaced with a 24" pipe that is proposed to carry stormwater to a 72" crosspipe that
empties into an unnamed tributary to Flat Branch.
The permittee shall comply with the "Construction Sequence for Site 3" attachment included in
the modification to prevent the addition of sediment to the stream during the demolition of the
existing four (4) barrel box culvert. The four (4) barrel box culvert will be replaced by a bridge at
Permit Site 3. Removal of the culverts shall not cause destabilization of the stream at this
location. If the stream becomes destabilized due to the culvert removal and/or the construction of
the bridge, NCDOT will be required to stabilize the stream. This may include the installation of
structures (i.e., cross-vanes). The installation of certain structures may require a permit
modification. NCDOT staff shall contact DWQ staff for authorization prior to the installation of
any measures within the stream.
3. Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.

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 DWQ determines that such standards or laws are not being met (including the failure to sustain
a designated or achieved use), that State or Federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may re-evaluate and modify this
certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. 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.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 31st day of October 2007
DIVISION OF WATER QUALITY
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Coleen H. Sullins
Director
WQC No. 3613