The URL can be used to link to this page

Home My WebLink About20200362 Ver 2_Approval Letter_20210819 DocuSign Envelope ID:C6B19D3C-6F38-440E-A5DE-6B38BE8FF850 6 t STATF c„:„.i,,,. (-- ROY COOPER ° ., o Governor `, ELIZABETH S.BISER Al Secretary ro°_= S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality August 19,2021 Mr.Philip S.Harris,III,P.E.,CPM Natural Environment Section Head Project Development and Environmental Analysis 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 with ADDITIONAL CONDITIONS for proposed improvements to the Rutherfordton Bypass,US 221 South of US 74 Business to North of SR 1366(Roper Loop Road)in Rutherford County,Federal Aid Project No. STBG-0024(083),TIP Nos.R-2233BB&BA. NCDWR Project No.20200362 v.2 Dear Mr.Harris: Attached hereto is a modification of Certification No.WQC004229 issued to The North Carolina Department of Transportation(NCDOT)dated June 10,2020. If we can be of further assistance,do not hesitate to contact us. Sincerely, ,—DocuSigned by: 0.444,1, C i pnka,n, Ss,—9 C 9886312 DC D474... ....,,� Division of Water Resources Attachments Electronic copy only distribution: Lori Beckwith,US Army Corps of Engineers,Asheville Field Office Roger Bryan,Division 13 Environmental Officer Colin Mellor,NC Department of Transportation Carla Dagnino,NC Department of Transportation Amanetta Somerville,US Environmental Protection Agency Holland Youngman,US Fish and Wildlife Service Marla Chambers,NC Wildlife Resources Commission Beth Harmon,Division of Mitigation Services File CopyD_ Q,) North Carolina Department of Environmental Quafiry Division of Water Resources vf/ 512 North Salisbury Street 1617 Mail Service Center Raleigh,Narth Carolina 27699 1617 NORTH CARDONA Dewd...00 EnvIronmemei INal:N e`' 919.707.9000 DocuSign Envelope ID:C6B19D3C-6F38-440E-A5DE-6B38BE8FF850 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 0.01 acres of jurisdictional wetlands and 879 linear feet of jurisdictional streams in Rutherford County. The project shall be constructed pursuant to the modification dated received July 27,2021. The authorized impacts are as described below: Stream Impacts in the Broad River Basin Permanent Fill Temporary Permanent Fill Temporary Stream Fill in Fill in Total Stream Impacts in Intermittent in Perennial Site Intermittent Perennial Impact Requiring Stream Stream(linear (linear ft) Stream ft) Stream(linear (linear feet) Mitigation (linear ft) ft) (linear ft) Original approved 204 43 4,532 339 5,118 3,714 impacts New additional impacts with this 879 879 879 approval at Site 19 TOTAL: 204 43 5,411 339 5,997 4,593 Total Stream Impact for R-2233BB: 5,615 linear feet Wetland Impacts in the Broad River Basin(Riverine) Fill Mechanized Hand Total Impacts Excavation Requiring Site Fill (ac) (temporary) Clearing Clearing Wetland (ac) Mitigation (ac) (ac) (ac) Impact(ac) I Original approved 0.11 0.11 0.11 impacts New additional impacts with this 0.0 1 0.01 0.01 approval at Site 20 Total 0.12 0.00 0.00 0.00 0.00 0.12 0.12 Total Wetland Impact for R-2233BB: 0.12 acres. DocuSign Envelope ID:C6B19D3C-6F38-440E-A5DE-6B38BE8FF850 The application provides adequate assurance that the discharge of fill material into the waters of the 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 July 27,2021. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated June 10,2020,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 tenth of an 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. Conditions 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 10, 2021,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 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 DocuSign Envelope ID:C6B19D3C-6F38-440E-A5DE-6B38BE8FF850 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 19th day of August 2021 DIVISION OF WATER RESOURCES ,-DocuSigned by: -9C9886312DCD474... S.Daniel Smith,Director WQC No. 004229 DocuSign Envelope ID:C6B19D3C-6F38-440E-A5DE-6B38BE8FF850 57ATF \ ROY COOPER i n n1' Governor _��' ELIZABETH S.BISER � / Secretary 64 +`^ S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality NCDWR Project No.: County: 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 D_E Q North 512North CarolinaSalisbury Department1 of 1617 EnvironmentalMail Quality I DivisionNorth of Water Resources Street Service Center I Raleigh, Carona 27699-1617 NORTH CAROLINA D.wra.o.+ul EnvIronme.10.111y 919.707.9000