20201838 Ver 1_Approval Letter_20211013

cTATE0...
e 8 '
ROY COOPER I
Governor . r(1O
ELIZABETH S.BISER 4,4.
Secretory q�,yar6 }
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 13, 2021
DWR#2020-1838
Union County
Ms. Anamika Laad
NCDOT Rail Division
1 S Wilmington Street
MSC 1553
Raleigh, NC 27699-1533
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
NCDOT: Proposed Railroad Crossing Closure at Tory Path Road (SR 1432), Union
County TIP:Y-5500jc
Twelvemile Creek[Santee River Basin, 11-138]
Dear Ms. Laad:
You have our approval for the impacts listed below for the purpose described in your application dated
September 13, 2021, received by the Division of Water Resources (Division) on September 13, 2021.
These impacts are covered by the attached Water Quality General Certification Number4135. This
certification is associated with the use of Nationwide Permit Number 03 once it is issued to you by the
U.S.Army Corps of Engineers. Please note that you should get any other federal,state or local permits
before proceeding with your project, including those required by(but not limited to) Sediment and
Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream _
S1 91 linear feet 0 linear feet
S2 0 (linear feet 12 (linear feet
S3 120 linear feet 0 linear feet
S4 0 linear feet 20 linear feet
D_E North CaroSalisburylina Department of 17vironmentaE Quality j Division of Water Resources
512 North Street 16l7 Mail Service Center Raleigh,North Carolina 27699-1617
NORTH CAROLINA
o-sewmeem or En,ArOnmOMI oaircr 919.707.9000

NCDOT Rail Division
DWR#2020-1838
401 Certification
Page 2 of 3
Type of Impact Amount Approved Amount Approved
Amount approved in Amount approved in
units units
Permanent Temporary
Wetland
W1 .016 acres
W1 .001 acres
W2 .008 acres
W2 .010 acres
W3 .027 acres
W3 .068 acres
W3 .046 acres
W3 .009 acres
This approval is for the purpose and design described in your application.The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification,you must notify Donna Hood with the Mooresville Regional Office within 24 hours (or the
next business day if a weekend or holiday)from the time the permittee becomes aware of the
circumstances.
The permittee shall report to Donna Hood with the Mooresville Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday)from the time the permittee became aware of the non-
compliance circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

NCDOT Rail Division
DWR#2020-1838
401 Certification
Page 3 of 3
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Donna Hood at 704-235-2193 or [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
any0A,MAyWIAIA,
1\--9C9886312DCD474... _tor
Division of Water Resources
cc: Eric Alsmeyer, USACE Regulatory Field Office
Ray Bode; Johnson Miriam and Thompson ; [e-mail]
DWR Transportation 401 & Buffer Permitting Branch electronic file