20100752 Ver 2_Approval Letter_20120710

A ��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
July 10 2012
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysts
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
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 US 321 from 1500 Blackberry Road to
US221 at Blowing Rock in Watauga County State Project No 6 73900 IT WBS Element No 34402 2 2
TIP No R 2237C
NCDWQ Project No 2010 0752 v 2
Dear Dr Thorpe
Attached hereto is a modification of Certification No 3852 issued to The North Carolina Department of
Transportation (NCDOT) dated September 3 2010 and revised on February 23 2011
if we can be of further assistance do not hesitate to contact us
Sincerely
/ Charles Wakild
/ Director
Attachments
cc Monte Matthews US Army Corps of Engineers Raleigh Field Office (electronic copy only)
Heath Slaughter Division 11 Environmental Officer (electronic copy only)
Marla Chambers NC Wildlife Resources Commission (electronic copy only)
Beth Harmon Ecosystem Enhancement Program (electronic copy only)
Wetlands/ 401 Transportation Permitting Unit
File Copy
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] \ FAX [phone]
Internet www ncwaterguality org
An Equal Opportunity \ Affirmative Action Employer
NorthCarohna
Naturally

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 permanently impact an additional 45 linear feet of
stream reduce temporary impacts by 24 linear feet and temporarily impact an additional 0 01 acres of wetlands in
Watauga County The project shall be constructed pursuant to the modification dated received June 26 2012 with
updated plans received electronically on July 10 2012 The authorized impacts are as described below
Stream Imnacts in the New River Basin
Site
Permanent Fill
Temporary Fill
Permanent
Temporary
Total Stream
Stream
Total
in Intermittent
in Intermittent
Fill in
Fill in
Impact
Impacts
Bridge
Stream (linear
Stream (linear
Perennial
Perennial
(linear ft)
Requiring
(ac)
ft)
ft)
Stream
Stream (linear
ac
Mitigation
linear ft
ft )
(linear ft
Original approved
45
45
0
impacts at Site 11
New revised impacts with
New revised impacts
001
45
21
66
0
with this approval at
Site 11
001
001
Total revised impacts
45
21
66
0
Total revised impacts
Total Revise Stream Impacts for Site 11 66 linear feet
Wetland Imnacts in the New River Basin
Site
Fill
Fill
Excavation
Mechanized
Hand
Area under
Total
(ac)
(temporar
(ac)
Clearing
Clearing
Bridge
Wetland
Y)
(ac)
(ac)
(ac)
Impact (ac)
ac
Original approved impacts at
0
0
S rte 12
New revised impacts with
001
001
this approval at Site 12
001
001
Total revised impacts
Total Revised Wetland Impacts for Site 11 0 01 acres
The application provides adequate assurance that the discharge of fill material into the waters of the New 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 June 26 2012 with additional information dated received July 10 2012 All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated June 26 2012 and July 10
2012 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
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 March 9
2011 and revised May 5 2011 still apply except where superceded 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 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
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 10th day of July 2012
DIVISION OF WATER QUALITY
/Charles Wakild
T� Director
WQC No 3852 v 2

Beverly Eaves Perdue
Governor
NCDWQ Project No
Applicant
Project Name
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild P E
Director
Date of Issuance of 401 Water Quality Certification
County
Dee Freeman
Secretary
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
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
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
Date
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www rimaterguality org
An Equal Opportunity l Affirmative Action Employer
Registration No
NorthCarohna
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