20130398 Ver 2_Approval Letter_20180315

ROY COOPER
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MICHAEL S. REGAN
�, <�v,�nu�r
Environmenfu( LINDA CULPEPPER
lnl. rinr l IirrClur
QUQ/f ty
March I i, ?018
Mecklenburg County
NCDWR Project No. 20130398v.2
Oakdale Road Widening
APPROV.4L of a01 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Ms. Leslie Bine
City of Charlotte Engineering and Property Management
600 East 4°i Street
Charlotte, NC 28202
Dear Ms. Bing:
You have our approval, in accordance with the conditions lisred below, for the followin_ impacts for the purpose of
widenine Oakdale Road in Mecklenburg County:
Stream Imnac[s in Ihe Ca�awba Ricer Basin
Permanent Fill Temporary Fill Permanent f511 "I�em�nrary Hill Total Stream Stream Impacts
in Intermittent in Intermi[tent in Perennial in Perennial Requiring
Im ct
Si[e Strevm Streem Stream Stream (��near ft) Mi[igation
(linear ft) (linear ft) (lincar ft) (linear ft) (Iinear fr)
StreamA I?4 30 1�4 0
Stream B '-� �'- 3-' �
0 0
0 0
7'OTAL 0 0 14a 32 176 0
Total Stream Impact fur Projec[: 176 linear feet.
i'he project shall be constructed in accordance with your application dated received November ;0, 2017 and the
additional information received as reques[ed on February 7. 201 R. After reviewing your applicafion, we have
decided that these impacts are covered by General Warer Quality Certitica[ion Number 413>. This certifica[ion
corresponds to the Natiomvide Permit 14 issued by the Corps of [:neineers. In addition, you shoidd acquire any
o[her federal, state or local pennits before }'ou proceed with your project includin�_ (bu[ not limi[ed to) Sedimen[ and
Erosion Con[rol, Non-Dischar�e and Water Supply Watershed regula[ions. This approval will expire with [he
accompanying d04 pennit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project chanee, you must notify the NCDW R and submit a new applicatio�. If [he property is sold, [he
new owner must be ;iven a copy of this Certification and approval letter, and is thereby responsible for complyine
with alI the conditions. If total wedand fills tbr this project (now or in the fumre) exceed one acre, or of rotal
impacts to streams piow or in the fumre) exceed 150 linear feet, compensatory miti�_ation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For Ihis approval to remain valid, you must adhere to the
conditions lis[ed in the attached certitication(s) and any additional conditions Iisted below.
Sta[e oI North Carolina I[m�ironmenmi Quality
I617 M�d Scrvmo Cnntcc I Rzleigh, North Carolin, 27699-1617

Condition(s) of Certification:
Project Specific Conditions
1. Native streambed material removed for culvert installation shall be preserved and stockpiled on site, separate
from any native soil material, and used as fill material for culvert fill, stream bench construction, and stream
bed reconstruction. [15A NCAC 02H.0506(b)(2)]
2. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and
installed. [15A NCAC 02H.0506(b)(2)]
4. For all linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
6. Should bypass pumping be used to work in the dry, the operation shall be maintained continuously during
headwall construction. Adequate back up measures, such as a back-up pump or extra pump capacity
during a rain event, shall be employed. Al1 bypasses of the impervious dike are to be reported. The bypass
pumps, if operated on a float system, shall have fuel level monitored at intervals adequate to maintain
pump viability. If pumps are not operated on a float system, pumps shall be checked more frequently, as to
correspond to fuel usage, to ensure pump viability during weekends and holidays. [15A NCAC
02H.0506(b)(3) and (c)(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 02B.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
(�)(2)l
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 02B.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 City of
Charlotte 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(�]
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.0231(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 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)]
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)]
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 S: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: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Deparhnent of Environmental Quality
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 Donna Hood at [phone] or [e-mail].

Since
\ ��
' da Culpepper, Inter m Director
Division of Water Resources
Electronic copy only distribution:
Nicholle Braspennickx, US Artny Corps of Engineers, Charlotte Field Office
Larry Thompson, Division 10 Environmental Officer
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy

Envirwtme�i [al
Qualiry
NCDWR Pro,ject No.:
Applicant
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
c„�,�,,:�„
MICHAEL S. REGAN
`<<�, a,� �
LINDA CULPEPPER
!�r[erim Direclor
Certificate of Completion
Upon completion of all work approved wi[hin the 401 Water Quali[y Certitica[ion or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return diis certificate to the a01 Transportation Pemiitting
Unit, North Carolina Division of Water Resources, 1617 Mail Servicc Center. Raleigh. NC. 37699-1617. This form
may be retumed to NCDWR by the applicant, the applicant's authorized ageot, or the project engineec It is not
necessarv [o send certificates from all of [hese.
Applicaet's Cerlification
I. , hereby state that, to the best of my abilities, due carc and dilieence
was used in the observation of fhe construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Cenification and Buffer Rules, the approved plans and
specifica[ions, and other supportin, materials.
Sionature: Date:
:4gen!'.�� Cerlificuliop
I, . hereby state that, ro the best of' my abilities, due care and diligence
was used in the observation of the construction such that die construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Czrtification and Buffer Rules, the approved plans and
specifications, and other supportine materials.
Sienahire: Date:
Engiiieer's Cer(ifeention
Partial Final
I, . as a duI}� re�is[ered Professional En_ineer in the State of North
Carolina, having been authorized [o observe (periodicall;;, weekly, full timz) the construction of [he project for [he
Permittee hereby state that, to the best of my abilities, due care and dilieence was used in the observation of the
construction such that the construction was observed ro be buih within substantial compliance and in�ent of the 401
Water Quality Certification and Buffer Rules. the approved plans and specifications, and other supporting materials.
Signature
Da[e
Re,istration No.
State ol' Nonh Carohna I Em�irommemal Quahh�
1617 Mail Servi<e Cemzr I R�leigh. Nonh Carolina?7699-IGI7