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Home My WebLink About20141200 Ver 5_Approval Letter_20200218DocuSign Envelope ID: 73939413-8F7E-4825-94C6-19EBAEDBD54C ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 18, 2020 Wilkes County NCDWR Project No. 20141200 v5 NC 268 Improvements TIP Project No. R-2603 Federal Project STP-0268(15) Modification of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Mr. Phillip Harris III, P.E. C.P.M. NCDOT Environmental Analysis Unit Head 1020 Birch Ridge Drive Raleigh, NC 27610 Dear Mr. Harris: This modification (version 5) authorizes an additional 157 linear feet of permanent impacts and 10 linear feet of temporary impacts at Site 11 as shown in the summary table below. Your existing permit originally dated December 31, 2014 was modified on April 27, 2016 v2 via an In -Field Minor 401 Certification Modification; modified and renewed on November 3, 2017 v3; and, modified again on April 24, 2018 v4. Stream Impacts in the Yadkin Pee Dee River Basin Permanent Fill in Temporary Fill Total Stream Perennial Stream in Perennial Impacts Impacts Site (linear ft) Stream (linear Requiring Bank Fill (linear ft) ft) Mitigation Stabilization (linear ft) 11, original impacts - 47 59 106 - 11, new impacts - 157 10 167 - Totals - 204 69 273 - Total New Stream Impacts for this Modification: 167 linear feet. D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 vOry rN Cx:40:.itiA � o .—Io E�.w��,�.��a�:r� /� 919.707.9000 DocuSign Envelope ID: 73939413-8F7E-4825-94C6-19EBAEDBD54C This approval is valid solely for the purpose and design described in your request for modification dated January 23, 2020. All the authorized activities and conditions associated with the original Water Quality Certification dated December 31, 2014 and subsequent modifications as described above still apply, except where superseded by this certification. The description of the proposed action provides adequate assurance that the proposed action in the Yadkin Pee Dee 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 Section 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. 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 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. Proposed impacts are covered by General Water Quality Certification Number 4135, of which corresponds to Nationwide Permit 14 issued by the Corps of Engineers. 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 accompanying 404 permit. Condition(s) of Certification: 1. All Conditions of the original Water Quality Certification dated December 31, 2014 and subsequent modifications still apply except where superseded by this Certification. 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:OOam 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 DocuSign Envelope ID: 73939413-8F7E-4825-94C6-19EBAEDBD54C 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 letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Dave Wanucha at (336) 473-9703 or Dave.Wanucha@ncdenr.gov. Sincerely, DocuSigned by: Director Division of Water Resources Electronic copy only distribution: Loretta Beckwith, US Army Corps of Engineers, Asheville Field Office Erin Cheely, NCDOT Claire Ellwanger, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy DocuSign Envelope ID: 73939413-8F7E-4825-94C6-19EBAEDBD54C ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NCDWR Project No.: NORTH CAROLINA Environmental Quality County: Applicant: Project Name: 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 Registration No. Date DE Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 vOry rN Cx:40:.itiA o. —2o E�.—.�. a�:ri /� 919.707.9000