20040275 Ver 5_Approval Letter_20101209

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Eaves Perdue Coleen H. Sullins
V Director
December 9, 2010
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal
Clean Water Act with ADDITIONAL CONDITIONS for Proposed widening of I-85 from north
of SR 2120 (Long Ferry Road) in Rowan County to south of NC 150 in Davidson County,
Federal Aid Project No. NHFIMF-85-3(197)81, WBS 34156.3.GV3, TIP No. 1-2304AC,
NCDWQ Project No. 2004-0275 v.5.
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3455 issued to The North Carolina Department of
Transportation (NCDOT) dated March 14, 2004 with modifications issued November 22, 2004,
September 27, 2010, and November 4, 2010.
If we can be of further assistance, do not hesitate to contact us.
S' rely,
of n H. Sull( s
Director
Attachments
cc: John Thomas, US Army Corps of Engineers, Raleigh Field Office
Pat Ivey, PE, Division 9 Engineer
Kent Boyer, Division 9 Environmental Officer
Chris Militischer, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission
Jason Elliott, NCDOT, PDEA- Natural Environmental Unit
Wetlands/401 Transportation Permitting Unity
File Copy
)nation Permitting Unit
ail Service Center, Raleigh, North Carolina 27699-1650
is 2321 Crabtree Blvd., Raleigh, North Carolina 27604
919-733-17861 FAX: [phone]
: hflp:/Ih2o.encstate.nc.us/ncwellands/
NorthCarolina
Naturally
An Equal Opportunity 1 Affumative Action Employer
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 Quality
(NCDWQ) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact an
additional 1.28 acres of jurisdictional wetlands at site 2 in Davidson and Rowan Counties. These
additional impacts shall be constructed pursuant to the modification dated received December 1, 2010
with additional information received December 6, 2010. The authorized impacts are as described below:
Site Fill Fill Excavation Mechanized Hand Total Wetland
(ac) (temporary) (ac) Clearing Clearing Wetland Impacts
(ac) (ac) (ac) Impact Requiring
(ac) Mitigation
ac
Previously 0.07 0.02 0 0.14 6.59 6.82 0.21
permitted impacts
at Site 2
Revised Impacts at 0.07 0.02 0 0.14 7.87 8.10 0.21
Site 2•
The application provides adequate assurance that the discharge of fill material into the waters of 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 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 December I, 2010 with additional information received December 6, 2010. All the
authorized activities and conditions of certification associated with the original Water Quality
Certification dated March 14, 2004 with modifications issued November 22, 2004, September 27, 2010,
and November 4, 2010 still apply except where superceded by this certification. Should your project
change, you are required to notify NCDWQ 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 150 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:
All other conditions written into previous Water Quality Certifications dated March 14, 2004
with modifications issued November 22, 2004, September 27, 2010, and November 4, 2010 for
this project still apply except where they are 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.
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: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 9th day of December 2010
DIVISION OF WATER QUALITY
ulIGG4Vl
WQC No. 3455 v. 5
NCDWQ Project No.:
Applicant:
Project Name:
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 Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWQ 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
1, , 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:
Agent'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:
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