19970616 Ver 3_Approval Letter_20110415

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North Carolina Department of Environment and Natural Resources
Division of Water Quarty
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 11, 2011
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
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 US 421 from Deep Gap to Boone
in Watauga County, Federal Aid Project No. State Project No. 8.175060 1, TIP R-0529.
NCDWQ Project No. 19970616 v. 3
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3858 issued to The North Carolina Department of
Transportation (NCDOT) dated April 20, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
W '/Coleen H. Sullins
r? Director
Attachments
cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Chris Militscher, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Jason Elliott, NCDOT, PDEA- Natural Environmental Unit
Jim Stanfill, Ecosystem Enhancement Program
Wetlands/40l Transportation Permitting Unit
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet. hltp hh2o,enr.stapanc.uslnmetla ldsl
NorthCarolina
Naturally
An Equal Opportunity \ARrmative Action Employer
J .-
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 Quality (NCDWQ) Regulations in
15 NCAC 2H .0500. This certification requires off-site mitigation for 3937 linear feet of stream impacts, and
authorizes no additional stream or wetland impacts.
This approval is only valid for the purpose and design that you submitted in your modified application dated
received April 15, 2011. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated April 20, 1988 still apply except where superceded by this certification. Should
your project change, you are required to notify NCDWQ 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. All other conditions written into previous the Water Quality Certification dated April 20, 2011 for this
project still apply.
2. Compensatory mitigation for an additional 3937 linear feet of impact to streams is required. We
understand that you have chosen to perform compensatory mitigation for impacts to streams through the
North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the
mitigation for the project. EEP has indicated in a letter dated March 28, 2011 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
above-referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-
Party MOA signed on April 12, 2004.
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 8:00am 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 Ceder
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478

A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This the I I th day of May, 2011
DIVISION OF WATER QUALITY
/10
r Coleen H. Sullins
C w Director
WQC No. 3858