20170785 Ver 2_Approval Letter_20190701

DocuSign Envelope ID: 71826497-EOB5-4D4D-AF2D-4EDOCE30D829
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
City of Charlotte
Engineering and Property Management
ATTN: Erin Shanaberger
600 East Fourth Street
Charlotte, North Carolina, 28202
NORTH CAROLIN
En imnMenito Qualfy
July 1, 2019
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act for Proposed improvements to the Cross -Charlotte Trail from Brandywine to Tyvola in Mecklenburg
County, NCDWR Project No. 20170785v.2
Dear Ms. Shanaberger:
Attached hereto is a modification of NC DWR project no. 20170785 issued to the City of Charlotte for the
construction of the Cross -Charlotte Greenway, Brandywine to Tyvola section, dated August 7, 2017.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
0• wu� 4&pm n,
9C5886312DCD474...
l,maa t:uipepper, liirector
Division of Water Resources
Attachments
Electronic copy only distribution:
David Shaeffer, US Army Corps of Engineers, Charlotte Field Office
Larry Thompson, Division 10 Environmental Officer
Chris Tinklenberg, Kimley-Horn
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
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: 71826497-EOB5-4D4D-AF2D-4EDOCE30D829
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 City of Charlotte to impact an additional 20 linear feet of
jurisdictional streams in Mecklenburg County. The project shall be constructed pursuant to the modification dated
received April 9, 2019. The authorized impacts are as described below:
Stream Impacts in the Catawba River Basin
Permanent Fill
Temporary Fill
Permanent Fill
Temporary Fill
Stream hnpacts
in Intermittent
in Intermittent
in Perennial
in Perennial
Total Stream
Requiring
Site
Stream
Stream
Stream (linear
Stream (linear
Impact
Mitigation
(linear ft
(linear ft)
ft)
ft)
(linear feet)
(linear ft)
Original
approved
0
0
0
impacts at Site 8
New additional
impacts with this
20
20
0
approval at Site
8
TOTAL:
0
0
0
20
20
0
Total Stream Impact for Modification: 20 linear feet
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 April 9, 2019. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated August 7, 2017 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). 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.
Condition(s) of Certification:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions of certification associated with the original Water Quality Certification dated August 7,
2017 still apply except where superseded by this certification.
2. For the 20 linear feet of streams being impacted due to a temporary ford installation, the site shall be
graded to its preconstruction contours and revegetated with appropriate native species. [I 5A NCAC
02H.0506(b)(2)]

DocuSign Envelope ID: 71826497-EOB5-4D4D-AF2D-4EDOCE3OD829
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 LAMA 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 8:00am and 5:00pm, 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
Department of Environmental Quality
1601 Mail Service Center
This the 1 st day of July 2019
DIVISION OF WATFR RFSOTJRCES
DOCUSigned by:
C E
�YN.11.1�
9C9886312DCD474...
Linda Culpepper, Director

DocuSign Envelope ID: 71826497-EOB5-4D4D-AF2D-4EDOCE30D829
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
,-4
NORTH CAROLIN
En itetttr enrof Qualify
NCDWR Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
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, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 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 Certification
Date:
1, , 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:
I, , 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
Permiee 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 Registration No.
Date
y` � } 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