20000529 Ver 1_Approval Letter_20000731

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
4 •
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NCDENR
NOR7H CAROLINA DEPARTMENT CF
ENVIRONMENT AND NATURAL RESOURCES
July 31, 2000
Nlr. Bill Gilmore, P.E., Manager
Plannin: & Environmental Branch
N.C. Department of Transportation
PO Box 25201
Raleit,h, NC 2_1611-5201
Dear'vIr. Gilmore
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Modification to the improvements to NC 28 (Future US 19-74-129 Relocation) , from Edwards Gap to
east of SR 1231 at Stecoah, TIP R-A-9DD, Federal Aid Project A.PD-12-1(22). State Project No.
5.3019122, WQC Project No. 001 335 (DWQ No. for original application 990414).
Graham County
Attached hereto is a modification to Certification No. 3260 issued to the North Carolina Department of
Transportation on November 29, 1999, and a modification issued July 31, 2000. The attached
mo dification authorizes impacts to streams as described below.
Site Number Streams Streams Total Impact
Impacted (linear Relocated (linear (linear feet)
feet) feet)
Site S 607 623 -16
It should be noted the modification is applicable only to the additional proposed activities. All the
authorized activities and conditions of certification associated with the original Water Quality
Certification dated November 29, 1999 and all other corresponding modifications still apply except
where superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Sincerely.
I n
/ I Ke,-r T. Stevens
Zr '
Division of Water Quality • 401 Wetlands Unit
1621 Mail Service Center. Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 Quality
(DWQ) Regulations in 15 NCAC 2H. Section .0500. This modification authorizes impacts to streams
as described below.
Site Number Streams Streams Total Impact
Impacted (linear Relocated (linear (linear feet)
feet) feet)
Site 3 j 607 623 -16
It should be noted the modification is applicable only to the additional proposed activities. All the
authorized activities and conditions of certification associated with the original Water Quality Certification
dated November 29, 1999 and all other corresponding modifications still apply except where superceded by
this certification.
The application provides adequate assurance that the discharge of fill material into the proposed wetlands in
conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge euidelines. 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 application, as described in
the Public Notice. Should your project change, you are required to notify the DWQ 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, 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.
Condition(s) of Certification:
Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of two manuals. Either the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the
Division of Land Resources in the DEHNR Regional or Central Offices). The control practices
shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes
and reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the natural grade restored after the Division of Land Resources has released the project;
3. Measures shall be taken to prevent live or 1re,,h concrete from coming into contact with
waters of the state until the concrete has hardened;
4. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this permit. Should waste or
borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is
a direct impact from road construction activities;
5. The additional stream impacts of 184 linear feet will be mitigated at a ratio of 1:1 at the Tulula
Creek Mitigation Site in Graham County. All other mitigation requirements associated with the
on *inal 401 Water Quality Certification dated November 29, 1999 still apply.
6. All other conditions written into previous Water Quality Certifications for this project still apply.
Violations of any condition herein set forth shall 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 expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Box 27447, Raleigh. N.C. 276 1 1-7447. If modifications are made to an
original Certification. you have the riLTht to an adjudicatory hearing on the modifications upon written
request within sixty (60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 20th day of October 2000
DIVISION OF WATER QUALITY
Kerr T. Stevens
Modification to WQC No. 3260
c:\ncdot\A-9\wqc\A-9DDmodification 102000.doc
Attachments:
Modification to WQC No. 3066
cc: Wilmington District Corps of Engineers
Corps of En21neers Washington Field Office
Deborah Sawyer, DWQ Regional Office
Mr. John Dorsey
Cathy Brittinsham. Di%ision of Coastal Manasement
Central Files