20150362 Ver 5_Approval Letter_20180205

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En vironm en tc� I
QUality
February 5, 2018
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-I�98
ROY COOPER
Gorcrnm�
MICHAEL S. REGAN
tiro�r�urr
LINDA CULPEPPER
In�rrim Ilireclur
Subject Moditication to Ihe 40I Wa[er Quality Certitication Pursuant to Sec[ion 401 of Ihe Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed improvements to Cold Water Creek in Cabarrus
County, Federal Aid Project No. FANHIM�-085-2(61)55, TIP I-3802A.
NCDWR Project No30I50362 v.i
Dear Mc Harris:
Attached hereto is a moditication of NCDWR Project no. 2015036? and associated General Certification No. 4135
issued ro The North Carolina Department oPTransponation (NCDOT) dared June 2, 2015 version I; June 29, 2015
version 2; March �2, 2016 version 3; January 31, 2017 version 4. NC DOT added a Site 18 modifica[ion which was
not included in the ori;inal request but submitted on December 8,?OU. All requested modifications from the first
submi[tal on October 8, 2017 and addendum on December S. ?017 are included in this issuance and the adjusted
mitigation table for the entire projec[ is included for clarity.
If we can be of further assistance, do not hesita[e to contact us.
Sincer�
/ �
Linda Culpepper, Interim Direc[or
Division of Water Resources
Attachments
Electronic copy only distribution:
Crys[al Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Ofticer
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Depanmen[ of Transportation
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Donna Hood, NC DWR Mooresville Regional Office
File Copy
�'Nothing Compares - ,
State of North Carolina � Emironmen[al Qualit}
Ihl7 Muil Sarvict Center I Rnleigh_ Nonh Cnrolinn'7699-Ifi17

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 159 linear feet of
temporary impacts to jurisdictional streams, a reduction in permanent stream impacts of 82 feet, and a reduction of
15 feet of bank stabilization in Cabarrus County. The project shall be constructed pursuant to the modification dated
received December 2, 2016. The authorized impacts are as described below:
Stream Im acts in the Yadkin-Pee Dee River Basin �
Site Bank Temporary Fill Permanent Temporary Additional Stream
Stabilization in Intermittent Fill in Fill in Stream Impacts
Stream (linear Perennial Perennial Impact Requiring
ft) Stream Stream (linear (linear ft) Mitigation
(linear ft) ft) (linear ft)
Original approved 10
impacts at Site 7
New impacts with this 20
approval at Site 7 �
Original approved , 120 0
impacts at Site 7A
New impacts with this 23 24
approval at Site 7A
Original approved 0
impacts at Site 18
New impacts with this 125
approval at Site 18
Original approved 15 130
impacts at Site 22
New impacts with this 0 145
approval at Site 22
-15 -82 159
Total Additional
Impacts
Total Stream Impact for Moditication: 62 linear feet
Wetland Impacts in the Yadkin-PeeDee River Basin
Fill �cavation Mechanized Hand Total Impacts
Site Fill (ac) (temporary) Wetland Requiring
(ac) Clearing (ac) Clearing (ac)
(ac) Impact (ac) Mitigation (ac)
Original approved
impacts at Site 14 0.00 0.00 0.00 0.00
New additional
impacts with this . <0.01 <0.01 0.00 <0.01
approval at Site 14
Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total Wetland Impact for ModiCcation: <0.01 acres.

-fhe application provides adequate assurance that the discharge of fill ma[erial in[o [he wa[ers of[he Yadkin-PeeDee
River Basin in coqjunction H�ith the proposed development will nol result in a violztion of applicable Water Qualiry
Standards and discharge �uidelines. Therefore. the State of North Carolina certifies that ihis activity will not violare
[he applicable portions of Sections 301. 302. 303, 306, 307 of PL. 92-500 and PL 95-? 17 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for thc purpose and design that you submitted in your moditied application dated
received Octobzr?6, 3017 and addendum da[ed December 8, 3017. All the authorized activities and conditions of
certifiwtion associated with the original Water Quality Certitication dated June 2. 3015 version I; June 29, 2015
version 3; March 22, 2016 version 3: January 31,'017 version 4 still apply except where superseded by [his
certification. Should your project change, you are required to notify the NCDWR and submil a new application. If
the proper[y is sold, [he new owner mus[ be eiven a copy of this Certific�tion and approval letter, and is [hereby
responsible for cumplying with all the conditions. If any additional wedand impacts, or stream impacts, for [his
project (now or in the future) exceed one acre or I50 linear feet, respectively, additional compensatory mitiga[ion
may be required as described in I 5A NCAC ?H .OSp6 (h) (6) and (7). For this approval [o remain valid, you are
required ro comply with all the conditions lis�ed below. In addition, you should obtain all other federal, state or
local permits betore proceedin� with your project includim� (ba� not limited to) Sediment and Crosion control,
Coas[al Stormwater, Non-discharge and Water Supply watershed re�ula[ions. This Certifica[ion shall expire on [he
same day as [he expiration da[e of the corresponding Corps of Engineers Penni[.
Condition(s) of Certification:
L Compensarory mitigation for 0 linear feet of impact to streams is required. We understand that yrou have
chosen to perform compensatory mitigation for impacts ro streams through the North Carolina Division of
Mitieation Service (DMS) (formerly NCEEP), and diat the DMS h�s agreed to implement the mi[ieation
for the projecL DMS h:�s updated miti�ation [o[als in a latter da[ed October 19. ?017. Addi[ional
mi�igation is not required at �his time, however; Version 3 and Version 4 have addcd an additional 13I
fee[ of bank stabilization and 19 fee� of remporary stream impac�s, bW Version i has reduced bank
stabilization by I i feet and pennanent impacts by 83 fee[, with a I 59 foot increase of temporary impacls.
Fu�ure modificatiuns m�y require aJdi[ional mitiga�iun. �I�he corrected mitigation table is as follows:
Table 1. 1-3802A Reviaed Comnensatnrv Mi[ieation Summarv
Stream Impacts in Riparian Wetland
Length (2) Impacta (ac.)
Impacts Requiring Mitigation 3,048� 03J
1,838 �a, 2:l
Required NCDMS Mitigation � 210 � �.� 2:1
Total NCDMS Mitigation
o_...:__a 4�886 0.68
Of1hc 4,24I lincnr Fccl of pc(maneN slreem impacl, 1.0061inear @cl diJ nat mquirc mitige�wn Gom USAC[
since fl was bank slebiliretion. An adJitional Ifl7linear 1'ecl et Si�e 19 did nd rcquire miligaiion.
2. This modifica[ion is applicable only to the additional proposed activities. All of tlie authorized activi[ies
and conditions of certifieation associated with the original Warer QualiTy Certitication dated June Z, 2015
version I and subsequent modifications issued on June 29, 3015 version 3, March 33, ?016 version 3, and
January 31, ?017 version d still apply except where superseded by [his certification
Violations of any condition herein set fonh may result in revocatiun of this Certification and may result in criminal
andior civil penalties. This Certitica[ion shall become null and void unless [he above conditions are made
conditions oPthe Federal 404 and�or Coastal Area Management Ac� Permil. This Certification shall espire upon the
e�piration of the 4U4 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 ob[ain the peti[ion form From the oftice of Administrative hearin_s. You must f le the petition
wi[h the office of Administra[ive Hearings wi[hin sixty (60) days of receip� of this notice. A pe[ition is considered
liled when it is received in Ihe of7ice of Administrative Hearings during normal oftice hours. The Oflice of
Administrativc Hearings accep[s tilings Monday [hrough Friday between the hours of 8:OOam and S:OOpm, except

for official state holidays. The original and one (1) copy of the pe[ition 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:
O�ce of Administrative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (9l9) 431-3000, Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mc Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the Sth day of February 2018
DIVISION OF WATER RESOURCES
���/� � �
Linda Culpepper, Interim Director

Environmc�ntal
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of a01 Wa[er Qualitp Certification:
Coun[y'
••• • •�•••• (inrrrnnr
MICfIAEL S. REGAN
li�rri'Irn'1
LINDA CULPEPPER
Lnrrrni 1 ryra'rtur
Ccrtificafc of Completion
Upon comple[ion of all work approved wi�hin �he 401 Watcr Qualiry Certification or applicable But7er Rules, and
any subseyuen� modihcations, the applicant is required to return this certiticatc to �he 401 Transporla�ion Permittin,
Unit. Nurth Carolina Divisinn of Watcr Resources, I65p Mail Service Center, Ralei�h, NC, ?7699-16$0. This form
may bc re[urned to NCDWR by �he applicant, [he applicant's au�horized agrnt, or the project en,ineer. It is not
necessary �o send certiticates from all of these.
.4pplicnuYs Certifica�ion
L_ , hereby state that, to the best of my abilities, due care and dili�ence
was used in the observation of the consvuction such that the construction was observed to be buil[ wilhin substantial
compliance and inrent of the 401 Warer Quality Certitication and Buffer Rules, the approved plans and
specifications, and other supporting marerials.
Signaturc: Date:
,-1gei+!'s Cerlifrcnlinit
I, , hereb�� state that, to the best of my abilitics, due carc and diligence
was used in die observation of the construction such that the construction was observed to be built within substantial
compliance and intem of die 401 Water Quality Certitication and Buffer Rules, the approved plans and
specitications. and other supponing materials.
Signamre: _
Engiueer's Certificalrwr
Partial
1 inal
Date:_
I, , as a duly re�istered Professional En�ineer in [he Stare of North
Carolina, having been authorized to observe (periodically, weekly, full time) �he construction of Ihe project f'or the
Perminee hereby state ihat, to the best of my abili[ies, due care and dili;ence was used in the observation of the
construction such that the construction was observed to be built w ithin substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specitications, and other supportin, matcrials.
Si�nature
Date
Reeistration No.
Slatz ol North Carnlma I F.nrirnnmcntul l luuht�
it�l7 Mail Sarvim Centnr I Rnlcich. Nonh Curolina d7[,�V-161�