20041594 Ver 5_Approval Letter_20120627

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
June 27 2012
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
Dee Freeman
Secretary
Subject Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed US 64 relocation from US 19/74/129 m Murphy to
east of NC 141 in Peachtree m Cherokee County Federal Aid Project No FR 14 1(1) State Project No
WBS Element 34357 1 1 TIP R 0977A NCDWQ Project No 2004 1594 v 5
Dear Dr Thorpe
Attached hereto is a modification of Certification No 3487 issued to The North Carolina Department of
Transportation ( NCDOT) dated December 21 2004 with previous modifications dated November 22 2005 June 16
2006 and June 30 2008
If we can be of further assistance do not hesitate to contact us
Sincerely
YI
-4,,,iCharles Wakild
Director
Attachments
cc Lori Beckwith US Army Corps of Engineers Asheville Field Office (electronic copy only)
Mark Davis Division 14 Environmental Officer
Jason Elliott NCDOT Roadside Environmental Unit
Beth Harmon Ecosystem Enhancement Program
Wetlands /401 Transportation Permitting Unit
File Copy Mike Parker ARO
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www rimaterguality om
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natmar�r�l� j

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
c
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 500 and t
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 does not authorize the NCDOT to impact any additional resources The
protect shall be constructed pursuant to the modification dated received June 12 2012
The application provides adequate assurance that the discharge of fill material into the waters of the Hiwassee 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 June 12 2012 All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated December 21 2004 with previous modifications dated November 22 2005 June
16 2006 and June 30 2008 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 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 December
21 2004 with previous modifications dated November 22 2005 June 16 2006 and June 30 2008 still
apply except where superceded by this certification
2 Compensatory mitigation for an additional 564 linear feet of impact to streams is required At permit site 11
an additional 449 linear feet of stream mitigation is required due to the reduction in on site mitigation Also
at permit site 19 an additional 115 linear feet of stream mitigation is required due to the reduction of on site
mitigation 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 May 31 2012 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for
the above referenced project in accordance with the EEP Mitigation Banking Instrument signed July 28
2010
Violations of any condition herem 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
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 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 DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 27th day of June 2012
DIVISION OF WATER QUALITY
,Charles Wakild
Director
WQC No 3487 v 5