20110464 Ver 1_Approval Letter_20120126

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
January 26 2012
Dr Greg Thorpe PhD Manager
Planning and Environmental Branch
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 NC 88 (West Main Street) from
NC 194 to US 221 Business (South Main Street) in Ashe County Federal Aid Project No STP 0088(6)
State Project No 81711501 TIP U 3812
NCDWQ Project No 20110464
Dear Mr Thorpe
Attached hereto is a modification of Certification No 3862 issued to The North Carolina Department of
Transportation dated July 19 2011
If we can be of further assistance do not hesitate to contact us
Sincerely
W klld
Director
Attachments
cc Monte Matthews US Army Corps of Engineers Raleigh Field Office
Mike Pettyjohn Division i I Engineer
Heath Slaughter Division 11 Environmental Officer
Chris Mihtscher Environmental Protection Agency (electronic copy only)
Marla Chambers NC Wildlife Resources Commission (electronic copy only)
Beth Harmon Ecosystem Enhancement Program
Wetlands /401 - Transportation Permitting Umt�
File Copy
Transportation and Permitting Unit
1650 Mall Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www ncwaterguality mg
An Equal opportunity \ Affirmative Action Employer
NorthCarohna
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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 (DWQ) Regulations in 15
NCAC 2H 0500 This certification authorized the NCDOT to impact 0 19 acres of Jurisdictional wetlands and 733
linear feet of Jurisdictional streams in Ashe County The project shall be constructed pursuant to the modification
dated received January 4 2012 The authorized impacts that are modified areas described below
Stream Impacts in the New River Rasin
Site
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
Intermittent
Intermittent Stream
Perennial Stream
Perennial Stream
Impact
Impacts
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
Mitigation
linear ft
Original approved impacts
470
80
550
470
at Site 4
Revised impacts with this
483
67
550
483
approval at Site 4
Total
483
67
550
483
Total Stream Impact for Site 4 550 linear feet
The application provides adequate assurance that the discharge of fill material into the waters of the New 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 January 4 2012 All the authorized activities and condition of certification associated with the original
Water Quality Certification dated July 19 2011 still apply except where superceded 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 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) Sedmient 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
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 July 19 2011 still
apply except where superceded by this certification
Compensatory mitigation for 483 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 November 22 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 North Carolina Department of Environment and Natural Resources Ecosystem
Enhancement Program In Lieu Fee Instrument signed July 28 2010
Installation of the crossvem and the channel relocation shall be visually monitored for stability one year or
two bankfull events whichever is longer

4 At sites 1 2 and 3 pipe burial is not required At site 4 placement of the culvert shall be placed below the
elevation of the streambed by one foot to allow low flow passage of water and aquatic life Also 4 concrete
sills with alternation four foot long notches shall be installed as detailed in the permit application 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 down stream of the above structures The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWQ If this condition is unable to be met due
to bedrock or other limiting features encountered during construction please contact NCDWQ for guidance
on how to proceed and to determine whether or not a permit modification will be required
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 26th day of January 2012
DIVISION OF WATER QUALITY
WQC No 3862iCharles Wakild
Director