20050071 Ver 1_Approval Letter_20050602

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
© Y Coleen H. Sullins, Director
Division of Water Quality
June 2, 2008
Mr. J. B. Setzer, P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
for Proposed Improvements to NC Highway 281, State Project No. 34351.1.5, TIP No. R-0619E
Water Quality Certification No. 3498, WQ Number 05-0071V.2
Transylvania County
Dear Mr. Setzer:
Attached hereto is a modification of Certification No. 3498 issued to the North Carolina Department of Transportation
dated January 24, 2005 and modified May 9, 2005. This modification is applicable only to the additional proposed
activities. All the authorized activities and conditions of certification associated with the original Water Quality
Certification dated January 24, 2005 and subsequent modifications still apply except where superceded by this
Certification.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
-?- Coleen Sullins
Director
Attachments
cc: David Baker, USACE, Asheville Field Office
Kathy Matthews, Environmental Protection Agency
Marla Chambers, NCWRC
Marella Buncick,USFWS
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
050071V.2 (Setzer) NC Highway 281 Improvements WQC 3498
Non` Carolina
Aurally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer
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 92-217
of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H,
Section .0500. This certification authorizes the NCDOT to place additional fill material in 40 linear feet of a stream in
the French Broad River Basin in Transylvania County. The project shall be constructed pursuant to the modification
request dated May 15, 2008. The authorized impacts are as described below:
Stream Impacts in the French Rmad River Racin far Prni-+ 7 -MA O-V
Site Permanent Temporary Fill in Permanent Fill in NV Temporary Fill in V 1 Total Stream Stream
Fill in Perennial Stream Perennial Stream Perennial Stream Impact Impacts
Intermittent (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Stream Mitigation
linear ft linear ft
Original 0 0 10 0 10 0
approved
impacts at
Site 20
Sta. 144+80
Change in 0 0 40 0 40* 0
impacts with
this approval
at Site 20
Sta. 144+80
Total
r.. 0 0 50 0 50 0
i oiai dream Permanent impact for Project: 50 linear feet.
*Site 20-The 40 linear feet of additional impacts includes 10 linear feet of rip-rap for channel stabilization.
The application provides adequate assurance that the discharge of fill material into the waters of the Hiwassee River
Basin in conjunction with the proposed construction will not result in a violation of applicable Water Quality Standards
and discharge guidelines. There, the State of North Carolina certifies that this activity will not violate the applicable
portions of Section 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 May 15,
2008 and received May 20, 2008. All authorized activities and conditions of certification associated with the original
Water Quality Certification dated January 24, 2005 and modification dated May 9, 2005, still apply except where
superseded 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 must adhere to the
conditions listed below. In addition, you should acquire any other federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This Certification will expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
Condition(s) of Certification:
1. All other conditions written into previous Water Quality Certifications dated January 24, 2005 and May 9, 2005, for
this project still apply.
2. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, this
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Enginzer
and the on-site project manager.
3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for
approval.
4. 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 or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
5. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
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 2nd day of June 2008
DIVISION OF WATER QUALITY
Coleen Sullins
Director
WQC No. 3498