20150931 Ver 2_Approval Letter_20160516

Water Resources
ENVIRONMENTAL QUALITY
May 16, 2016
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
.Secretary
S. JAY ZIMMERMAN
Director
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed improvements to I-77 in Mecklenburg and Iredell
Counties, Federal Aid Project NHF-077-1(209)9; WBS No. 45454.1.1, TIP 1-5405 and I-4750AA.
NCDWR Project No. 20150931 v.2
Dear Mr. Harris:
Attached hereto is a modification of Certification No. WQC004036 issued to The North Carolina Department of
Transportation (NCDOT) dated November 13, 2015.
This Individual Certification now includes impacts to the I-5405 and I4750AA sections of the I-77 HOT Lanes
project. Permitting of the southern section, I-331IC, is not included and must have final design prior to submittal
for another permit modification. After on site review on April 14, 2016, exemption from the 1 foot burial of the
culvert extensions was granted; however, minor channel stabilization to prevent additional `blow holes' from
forming at the end of the new culvert extension is expected.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
4 x S. Jay Zimmerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Officer
Rodger Rochelle, NC Department of Transportation
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
State of North Carolina !Environmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617

Modification to the 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 an additional 298 linear feet of
jurisdictional streams in Mecklenburg and Iredell Counties. The project shall be constructed pursuant to the
modification dated received March 20, 2016. The authorized impacts are as described below:
Stream Impacts in the Catawba River Basin
Total Stream Impact for Modification: 298 linear feet
Open Water Impacts in the Catawba River Basin
Permanent Fill in
Site Open waters ac
Permanent Fill
Temporary Fill
Permanent Fill
Temporary Fill
0.13
Stream ]Impacts
in Intermittent
in Intermittent
in Perennial
in Perennial
Total StreamRequiring
Site
Stream
Stream
Stream (linear
Stream (linear
Impact
Mitigation
(linear ft)
(linear ft)
ft
ft)
(linear feet)
(linear ft
1-N
263
263
0
2-N
9
15
_
3-N
18
20
TOTAL:
0
0
27
298
263
0
Total Stream Impact for Modification: 298 linear feet
Open Water Impacts in the Catawba River Basin
Permanent Fill in
Site Open waters ac
Temporary Fill in
Open Waters (ae%
Total Fill in Open
Waters qac
4-N < 0.01
0.13
0.13
0.00
TOTAL 0.00
0.13
0.13
Total Open Water Impact for Modification: 0.013 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Catawba River
Basin 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 dated
received March 28, 2016. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated November 13, 2015 -version 1 and February 12, 2016 -version 2 still apply except
where superseded by this certification. 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). Additional buffer
impacts may require compensatory mitigation as described in 15A NCAC 213 .0243. 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.

Special Condition(s) of Certification:
1. Stream restoration for Site 1-N will allow for riffle pool sequence as well as sinuosity. See General
Condition 4. [15A NCAC 02H.0506(b)(2)]
2. Based on the information submitted and site reviews of each culvert on April 14, 2016, I-5405 and I-
4750AA are exempt from the Ifoot burial requirement at the culvert extension sites. This does not provide
for burial exemption of I -3311C culvert extensions or any NEW culvert installation. [15A NCAC
02H.0506(b)(2)]
3. Additional sediment and erosion control measures shall be taken at each stormwater drop inlet in the
median of I-77 on the causeway between Lake Norman and Lake Cornelius, Lake Norman and Lake
Davidson, and the causeway leading to the bridge that will be expanded. Additional measures will be
evaluated on effectiveness and situational applicability. [15A NCAC 02B.02001
4. At the pump out stations listed in the FERC conveyance application:
a. Pump out from the lake must be hard piped over any sediment and erosion control measures so that
no piping affects the inlet protection. Draping a run flat hose over hardware cloth is unacceptable.
b. Pump out must not negatively affect downstream fauna, flora, or water quality.
c. Pump out from creeks cannot pump the creek dry. In the event of a drought, an alternative source of
water for dust control will need to be found. The City of Charlotte (provide water in Huntersville,
Davidson) and the Town of Mooresville are local major water distributors.
5. Any accumulation of sediment discharged to the stormdrain system that is being retained, will be removed
as soon as possible to prevent additional/on-going surface water impacts. [15A NCAC 02H .0506(b)(3)
6. The post -construction removal of any temporary bridge structures must return the project site to its
preconstiuction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H.0506(b)(2)
7. As a condition of this 400 Water Quality Certltication, the bridge demolition and coi-istruction_ must be
accomplis'ned in strict compliance with the most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
8. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated
buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit
NCS0000250. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
9. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods'of pile driving are prohibited without
prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [ 15A NCAC 02H .0506(b)(3)
11. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior
approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
12. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water. [I 5A NCAC 02H
.0506(b)(3)
General Conditions
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.
[15A NCAC 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 0213.0200]
3. 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. [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. [15A NCAC 02H.0506(b)(2)]
6. 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)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. 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)]
9. 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.
[15A NCAC 02H.0506(b)(3)]
10. 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)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
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. 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. [15A NCAC 0213.0200]
13. 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)]

14. 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)]
15. 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. [15A NCAC 02H.0501 and .0502]
16. 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.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)]
18. 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
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(f)]
19. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) 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. [15A NCAC 02B.023l(b)(6)]
20. 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 bor;c. v sites, be located in wetlands or streams, compensatory ii"iitigatien will be required since that is
a direct impact from read constriction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
21. 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 [15A 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
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 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: [phone], Facsimile: (919) 43 1-3 100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 16th day of May 2016
DIVISION OF WATER RESOURCES
S. Jay Zimmerman, Director
WQC No. 004036

Water Resources
ENVIRONMENTAL QUALITY
NCDWR Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretury
S. JAY ZIMMERMAN
Director
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 Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to NCDWR 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:
Agent's Certifscation
Date:
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:
Engineer's Certification
Partial Final
Date:
1, , 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
Permittee 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 Butler Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
State of North Carolina lEnvironmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Phone: [phone]