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Home My WebLink About20191006 Ver 2_Approval Letter_20210212 DocuSign Envelope ID:4067B170-39BC-48EA-AF2D-F8999E0725DA tiJv''aµ r { r } TA 1 ROY COOPER - Governor NORTH CAI OLINA. MICHAEL S. REGAN Enirfronm rti!ed Orh II:y Secretary S. DANIEL SMITH Director February 12,2021 Mr.Philip S.Harris,III,P.E.,CPM Environment Analysis Unit Head North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 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 the I-77 and I-40 interchange in Iredell County,including Broad Street improvements,TIP I-3819B,U-6039,WBS 34192.3.2. NCDWR Project No. 20191006 v.2 Dear Mr.Harris: Attached hereto is a modification of Certification No. WQC004203 issued to The North Carolina Department of Transportation(NCDOT)dated November 19,2019 and Addendum and Correction issued on January 20,2020. If we can be of further assistance,do not hesitate to contact us. Sincerely, -DocuSigned by: O , C,\nu pwA.0 n, -9C9886312DCD474... S.Daniel Smith,Director Division of Water Resources Attachments Electronic copy only distribution: Eric Alsmeyer,US Army Corps of Engineers,Raleigh Field Office Jeff Wyatt,Division 12 Environmental Officer Michael Turchy,NC Department of Transportation Amanetta Somerville,US Environmental Protection Agency Janet Mizzi,US Fish and Wildlife Service Marla Chambers,NC Wildlife Resources Commission Donna Hood,NC Division of Water Resources Mooresville Regional Office File Copy . . 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 134•` 1"NMI. 1"°m. 919.707.9000 DocuSign Envelope ID:4067B170-39BC-48EA-AF2D-F8999E0725DA 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 2.66 acres of jurisdictional wetlands and 105 linear feet of jurisdictional streams in Iredell County. The project shall be constructed pursuant to the modification dated received December 2,2020. The authorized impacts are as described below: DocuSign Envelope ID:4067B170-39BC-48EA-AF2D-F8999E0725DA Site Bank Permanent Temporary Permanent Temporary Total Stream Stabilization Fill in Fill in Fill in Fill in Stream Impacts (linear feet) Intermitten Intermittent Perennial Perennial Impact Requiring t Stream Stream Stream Stream (linear Mitigation (linear ft) (linear ft) (linear ft) (linear ft) ft) (linear ft) 2 16+70- 42 20 62 21+50YRP CA 3 15+75- 206 10 216 YRPC 5 70+00- 40 40 73+85 77 77 YRPAC 6121+50- 12 20 32 Y-LT 7120+90- 12 20 32 Y-RT 9 28+50- 747 10 757 747 34+00- YRPAC 9A +50 50 10 28+00- 25 20 45 YRPAC 12149+00- 10 54 64 150+00 L 13 167+00 44 17 10 71 17 RT 14 28+50-Y 17 10 27 15 33+75-Y 11 20 31 16 35+90- 112 10 122 37+20-Y 113 123 17 37+70- 115 14 129 38+50-Y 114 18 47+50-Y 72 10 82 19 46+00-Y 34 34 20 68+50-Y 61 10 71 21 69+20- 176 21 197 176 70+20-Y 22 71+30- /167 10 1350 /167 84+00-Y 901 455 455 DocuSign Envelope ID:4067B170-39BC-48EA-AF2D-F8999E0725DA 23 87+70-Y 33 33 24 93+75-Y 49 10 59 25 94+50 44 3-2 7-6 31 21 52 27 210+00- 48 10 58 Y 28 16 11 27 4 9 4-2-1 40 2046 354 3588 4-407 Total 1047 130 2036 441 3678 1395 Total Stream Impact for Project: 3588 line fcct,3778 linear feet DWR Required Mitigation: 1407 near feet,1395 linear feet ACOE Mitigation: 2175 line r fet,2166 linear feet Wetland Impacts in the Yadkin-PeeDee River Basin Site Fill Fill Excavation Mechanized Hand Area under Total (ac) (temporary) (ac) Clearing Clearing Bridge Wetland (ac) (ac) (ac) (ac) Impact(ac) 2 14+00- 0.32 0.09 0.41 21+50 YRPCA 216+70- 0.02 0.62 0.02 0.62 0.66 21+50YRPC 0 A 315+75- <0.01 0.01 0.02 YRPC 4 24+00- 0.02 0.02 YRPC 5 70+00- 0.03 2.04 0.05 1.91 2 76+25 0 2.12 YRPAC 819+00- <0.01 <0.01 0.01 YRPDB 9 28+50- 0.40 0.08 0.47 34+00- YRPAC 1126+50- 0.19 0.02 0.21 26+50- YRPAC DocuSign Envelope ID:4067B170-39BC-48EA-AF2D-F8999E0725DA 26116+70- 0.09 0.04 0.13 120+10-Y U-131+50- 0.02 0.02 YRPD U-2 75+00- <0.01 0.25 0.02 0.27 YRPAC U-3 18+92 <0.01 0.01 YRPDB U-4 0.14 0.14 1.08 0.27 0 0,-3-7 2.57 4,44 Total 2.93 0.49 0 1.55 Total Wetland Impact for Project: 1.41 acres,1.55 acres Additional Wetland Impacts: +0.14 The application provides adequate assurance that the discharge of fill material into the waters of the Catawba 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 24,2020. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated November 19,2019 and January 30,2020 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 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: 1. Exemption for pipe burial at Permitted Sites 16, 17, 18, 19,21,22,24,25,and 27 are granted as requested based on the condition of the existing pipe. The existing pipes are perched and meeting burial requirements will be impossible within current right of way lines. However,the permittee will be expected to incorporate acceptable stream structures, such as rock ladders,at these sites to restore aquatic passage to the maximum extent practicable. 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 November 19,2019 and subsequent modification dated January 30,2020 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 DocuSign Envelope ID:4067B170-39BC-48EA-AF2D-F8999E0725DA 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: (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 12th day of February 2021 DIVTSTON OF WATFR RESOURCES —DocuSigned by: 0,44,1, C w \ —9C9886312DCD474... S.Daniel Smith,Director WQC No.004203 DocuSign Envelope ID:4067B170-39BC-48EA-AF2D-F8999E0725DA .."Sim{tiJv'�aµ •.-. r } 1 71 ROY COOPER - Governor NDRTH CAI OLINA. MICHAEL S. REGAN Enie ronm rti!ed Orh81lry Secretary S. DANIEL SMITH NCDWR Project No.: County: Director 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: 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: 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 Registration No. Date . . North Carolina Department of Environmental Quality Division of Water Resources •_ 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 134•` 1"NMI. 1"°m. 919.707.9000