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Home My WebLink About20191337 v4_I-5507 Express Lanes Mecklenburg Co_revDocuSign Envelope ID: E4E265A2-0892-43FD-8AAD-32EFF3D6846A ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Dfrector Mr. Jamie Lancaster, P.E. Environmental Analysis Unit North Carolina Department of Transportation 1598 MSC Raleigh, NC 27699-1598 NORTH CAROLINA Environmental Quality October 2, 2023 Mecklenburg County NCDWR Project No. 20191337v4 TIP I-5507 Subject: APPROVAL of Modification to 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS for TIP I-5507, I-485 Improvements from I-77 to US 74 (Independence Blvd). NCDWR Project No. 20191337v4. Dear Mr. Lancaster: This is a revision to the Certification dated September 26, 2023, of which clarifies verbiage in the paragraph below and corrects total impacts. No other changes were made. You have our approval, in accordance with your application dated August 24, 2023, and with the conditions listed below, to modify the referenced 401 Certification to include the revised impacts as described below. All the authorized activities and conditions associated with the original Water Quality Certification dated December 2, 2019, revised on September 21, 2020, and revised again on October 22, 2021, still apply except where superseded by this Certification. Stream Impacts (linear feet) in the Catawba River Basin. Perennial Intermittent Site Permanent Temporary Permanent Temporary Totals Bank Stabilization Fill Bank Stabilization Fill previous _ _ _ _ 680 680 7 revised _ - 200 + 500* 100 - 800 previous _ _ 10 7 - 17 8 revised _ _ _ 7 _ 7 previous _ _ - - 33 33 30 revised _ _ - 13 20 33 previous _ - 20 3 10 33 31 revised _ - 19 4 10 33 previous 6 20 - - - 26 32 revised 15 24 - - - 39 previous _ - 35 - 20 55 37 revised _ _ 31 4 20 55 New Totals 15 24 11 750 128 50 967 *500 feet of bank stabilization impacts are for stream bank maintenance per the application. State (DWR) mitigation is not required for impact revisions. 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: E4E265A2-0892-43FD-8AAD-32EFF3D6846A After reviewing your application, we have decided that the proposed impacts are covered by General Water Quality Certification (GC) Number 4135. This GC corresponds to US Army Corps of Engineers Regional General Permit 201902350. 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 approval will expire with the corresponding 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must 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 total wetland fills for this project (now or in the future) exceed one tenth acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, 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 in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. All the authorized activities and conditions associated with the original Water Quality Certification dated December 2, 2019, revised on September 21, 2020, and revised again on October 22, 2021, still apply except where superseded by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] 2. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3) and (c)(3)] This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). North Carolina Department of Environmental Quality I Division of Water Resources jgAR-3 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: E4E265A2-0892-43FD-8AAD-32EFF3D6846A This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Dave Wanucha at 336-403-5655 or dave.wanuchana,deq.nc.gov if you have any questions or concerns. ineaMbiySigned by: 41%� OwWatn, 4F4 2 1EA846E . Richard . ogers Jr., Director Division of Water Resources Electronic copy only distribution: Steve Brumagin, US Army Corps of Engineers, Charlotte Field Office Joel Howard, NCDOT Division 10 PDEA Engineer Rebekah Reid, US Fish and Wildlife Service David McHenry, NC Wildlife Resources Commission Erin Cheely, NCDOT Michael Turchy, NCDOT Amanetta Somerville, USEPA RE 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: E4E265A2-0892-43FD-8AAD-32EFF3D6846A ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Dfrector NCDWR Project No.: Applicant: Project Name: NORTH CAROLINA Environmental Quality Date of Issuance of 401 Water Quality Certification: County: 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: 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: 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 Permittee 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 Date Registration No. Completed hard copies can be emailed to kristilynn.c4Menter@deq.nc.gov or mailed to: NCDEQ Transportation Permitting 1617 Mail Service Center Raleigh NC 27699-1617 DENorth 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