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Home My WebLink About20150362 Ver 6_Approval Letter_20200110DocuSign Envelope ID: 4E6F6D4A-BOOD-4DCD-923A-AOD546D8667F ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA ErrOMFIrh#rtfdI Quarlry January 10, 2020 Cabarrus County NCDWR Project No. 20150362v.6 I-85 Widening TIP/State Project No. I-3802A MODIFICATION to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to I-85 in Cabarrus County, Federal Aid Project No. FANHIMF-085-2(61)55, TIP I-3802A NCDWR Project No.20150362 v.6 Mr. Philip S. Harris, III, P.E., CPM Environmental Analysis Unit Head 1598 Mail Service Center Raleigh, NC 27699-1598 Dear Mr. Harris: Attached hereto is a modification of NCDWR Project no. 20150362 and associated General Certification No. 4135 issued to The North Carolina Department of Transportation (NCDOT) dated June 2, 2015 version 1; June 29, 2015 version 2; March 22, 2016 version 3; January 31, 2017 version 4; February 5, 2018 version 5. Please be advised all conditions of the original issuance and every modification still apply to the project. This is anticipated to be the final modification because the permitted impact sites for the widening are completed and no new sites are anticipated as the project moves toward final completion. If we can be of further assistance, do not hesitate to contact us. Sincerely Docuftned by: PIM,(A 9C9886312DCD474... Linda Culpepper, Director Division of Water Resources Attachments Electronic copy only distribution: Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office Joel Howard, Division 10 Acting Environmental Officer Michael Turchy, NC Department of Transportation Carla Dagnino, NC Department of Transportation Claire Ellwanger, US Fish and Wildlife Service Beth Harmon, NC Division of Mitigation Services Marla Chambers, NC Wildlife Resources Commission Donna Hood, NC DWR Mooresville Regional Office File Copy RENorth 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: 4E6F6D4A-BOOD-4DCD-923A-AOD546D8667F 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 Resources (NCDWR) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact an additional 7 linear feet of temporary impacts to jurisdictional streams, an additional 304 linear feet of permanent stream impacts, an additional 0.01 acres of temporary wetland fill, and a reduction of 152 linear feet in bank stabilization in Cabarrus County. The project shall be constructed pursuant to the modification dated received November 13, 2019. The authorized impacts are as described below: e:!5fQE 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: 4E6F6D4A-BOOD-4DCD-923A-AOD546D8667F Stream Impacts in the Yadkin-PeeDee River Basin Permanent Stream Impacts Previously permitted (if) Revised Impacts (If) Difference (if) Additional Stream Mitigation Permit Site Type Additional USACE Stream Mitigation Required Additional NCDWR Stream Mitigation Required I Bank Stabilization 15 21 6 0 0 4 Bank Stabilization 14 30 16 0 0 10 Charnel Change 666 646 -20 -20 0 12 Bank Stabilization 22 9 -13 0 0 15 Bank Stabilization 20 28 8 0 0 15 Culvert extension and fill 83 80 -3 -3 0 17 Bank Stabilization 16 22 6 0 {] 17A Bank Stabilization 8 0 -8 0 {] 20 Bank Stabilization 22 10 -12 0 0 21 Bank Stabilization 15 0 -15 0 0 21 Fill 210 277 67 67 0 23 Fill 135 128 -7 -7 0 25 Channel Change 63 46 -17 -17 0 27 ["ulvcrt extension and channel change 70 64 -6 -6 {] 28 Bank Stabilization 73 44 -29 0 0 28 Culvert extension and channel change 119 116 -3 -3 0 29 Culvert extension and outfall channel 128 119 -4 -9 {] 30 Channel change and riprap 44 134 90 90 0 Bank Stabilixati on 71 0 -71 0 0 31 Channel change and riprap 37 116 79 79 0 32 Bank Stabilization 106 66 -40 0 0 36 (new site) Culbert extension and ri rap 0 61 61 61 0 Troutman (new site) Culvert extension 0 72 72 72 0 Project Stream Impact Revision 152 304 0 Total Permanent Stream Impact Revision 304 - - Bank Stabilization Impacts Revision -15.2 - - Temporary Stream impacts Previously permitted (if) Revised Impacts (if) Difference (If) Permit Site Type 21 Temporary Stream Impacts 20 0 -.(} 28 Temporary Stream Impacts 29 58 30 Temporary Stream Impacts 21 25 4 31 Tempw ary Stream Impacts 1 l TOTALS Temporary Wetland Impacts Previously permitted (ac) Revised Impacts (ac) Difference (ac) Permit Site Type 36 Temporary fill 0 0.01 0.01 North Carolina Department of Environmental Quality I Division of Water Resources vr_:-cr f 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 4E6F6D4A-BOOD-4DCD-923A-AOD546D8667F The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin-PeeDee 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 November 11, 2019. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated June 2, 2015 version 1; June 29, 2015 version 2; March 22, 2016 version 3; January 31, 2017 version 4 and February 5, 2018 version 5 still apply except where superseded by this certification. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 300 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. Compensatory mitigation for an additional 304 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 Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has updated mitigation totals in a letter dated November 22, 2019. Future modifications may require additional mitigation. The corrected mitigation table is as follows: "Total Permitted Mitigation Provided by Additianm] Revised Total Impact TW Impacts DMS per Issued Impact (far Impacts* Impacts* (feet I acre I sq 1t) Permits (Creditss)) approval/) } /� 3,352.0 (w�UM) 3.0/4y8..A0 /� 4,886.0 /y 304./0 �shrAm 12ipwian 7R eg� 0.34 0.68 0 2. 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 June 2, 2015 version 1 and subsequent modifications issued on June 29, 2015 version 2, March 22, 2016 version 3, January 31, 2017 version 4, and February 5, 2018 still apply except where superseded by this certification. 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. e:!5fQE 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: 4E6F6D4A-BOOD-4DCD-923A-AOD546D8667F 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: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 1 Oth day of January 2020 DIVISION OF WATER RESOURCES DocuSigned by: �WI.Cl.1�. Lin 0&7birector e:!5fQE 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: 4E6F6D4A-BOOD-4DCD-923A-AOD546D8667F ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Err0MF1rh#rtf4kl Quality NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: 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. RENorth 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