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Home My WebLink About20170638 Ver 2_Approval Letter_20200305DocuSign Envelope ID: EC25B66D-5OD4-4COF-B847-2DEFEFA1AF28 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA ErrOMFIrh#rtfdI Quarlry March 4, 2020 Mr. David McHenry, Division Environmental Officer NCDOT, Division 14 253 Webster Road Sylva, North Carolina 28779 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 225 at SR 1779 (Shephard Dr.) and SR 1164 (Erkwood Dr.) in Henderson County, State Project No. 410903.1.1, TIP No. U-5105 NCDWR Project No. 20170638 v.2 Dear Mr. McHenry: Attached hereto is a modification of Certification No. 4088 issued to The North Carolina Department of Transportation (NCDOT) dated June 19, 2017. If we can be of further assistance, do not hesitate to contact us. Sincerely, Ec DocuSigned by: nub. CAQ.p-,a - 9C9886312DCD474... S. Daniel Smith, Director Division of Water Resources Attachments Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Marla Chambers, NC Wildlife Resources Commission File Copy D— E North Carolina Department of Environmental Quality I Division of Water Resources r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: EC25B66D-5OD4-4COF-B847-2DEFEFA1AF28 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 200 linear feet of jurisdictional streams in Henderson County. The project shall be constructed pursuant to the modification dated received February 21, 2020. The authorized impacts are as described below: Stream Impacts in the French Broad River Basin Permanent Fill Temporary Fill Permanent Fill Temporary Fill Stream Impacts in Intermittent in Intermittent in Perennial in Perennial Total Stream Requiring Site Stream Stream Stream (linear Stream (linear Impact Mitigation (linear feet) (linear ft) (linear ft) ft) ft) (linear ft) S1 Original 257 106 363 257 S1A Original 30 30 30 SIB Original 25 25 25 S2 Original 60 15 S 1 New 100 S1A New 100 TOTAL: 60 15 312 306 418 312 Total Stream Impact for (Site/Modification): 418 linear feet The application provides adequate assurance that the discharge of fill material into the waters of the French Broad 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 February 21, 2020. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated June 19, 2017 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. 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 19, 2017 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 DocuSign Envelope ID: EC25B66D-5OD4-4COF-B847-2DEFEFA1AF28 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. 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 4th day of March 2020 njYJAW ,QFbFATER RESOURCES S 9&anie31�mitIi,'6irector WQC No. 4088 DocuSign Envelope ID: EC25B66D-5OD4-4COF-B847-2DEFEFA1AF28 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Err0MFIfII&Mkl Quarlly 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: Date: Engineer's Certification Partial Final 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. D— E North Carolina Department of Environmental Quality I Division of Water Resources r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000