20140762 Ver 6_Approval Letter_20211104

DocuSign Envelope ID:520D4F3A-E1D3-4DC6-9582-01954EO204E9
�s STATE o,
ROY COOPER -
Governor C
ELIZABETH S.BISER ` ^ro 12 ,
Secretary ftr Q�"°p
S.DANIEL SMITH NORTH CARouNA
Director Environmental Quality
November 4,2021
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 US 221 Widening from US 421 to
US 221 Business/NC88 in Jefferson located in Watauga and Ashe Counties. Federal Aid Project No.
STP-0221(13);TIP No.R-2915 (Section E)in Ashe County;WBS 34518.1.FR6;NCDWR Project No.
20140762 v6.
Dear Mr.Harris:
Attached hereto is a modification of Certification No. 004001 issued to The North Carolina Department of
Transportation(NCDOT)originally issued and dated on September 8,2014,and subsequently modified on the
following dates: August 23,2016,v2;April 28,2017,v3;November 27,2017(email authorization);June 26,2018,
v4; and,May 22,2019,v5.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
DocuSigned by:
_9C9886312DCD474... Jr
Division of Water Resources
Attachments
Electronic copy only distribution:
Lori Beckwith,US Army Corps of Engineers,Asheville Field Office
Kevin Hining,Division 11 Environmental Officer
Colin Mellor,NC Department of Transportation
Carla Dagnino,NC Department of Transportation
Erin Cheely,NC Department of Transportation
Amanetta Somerville,US Environmental Protection Agency
Janet Mizzi,US Fish and Wildlife Service
Marla Chambers,NC Wildlife Resources Commission
[e-mail]
File Copy
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617
MORTH CAROL]N —�
o•rrrm or eniAmo�i oanr4000ZO
919.707.9000

DocuSign Envelope ID:520D4F3A-E1D3-4DC6-9582-01954EO204E9
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 180 linear feet of
jurisdictional streams and 0.13 wetlands in Ashe County. The project shall be constructed pursuant to the
modification dated received September 24,2021. The authorized impacts are as described below:
Stream Impacts in the New River Basin
Permanent Fill in Perennial Temporary Fill in Stream
Stream Perennial Stream Impacts
Site (linear ft) (linear ft) Requiring
Additional
Bank Stabilization Fill Mitigation
(linear ft)
Current impacts at 8B - 20 -
New additional impacts at 8B 10 170 -
Totals 10 170 -
(for this modification)
Total Stream Impact(for this modification): 180 linear feet
Wetland Impacts in the New River Basin Riverine
Site Fill Fill(temporary)
(ac) (ac)
Current impacts at 8B - <0.01
New additional impacts at 8B - 0.13
Total - 0.13
Total Wetland Impact for this Modification: 0.13 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 modification application dated
September 24,2021.All the authorized activities and conditions associated with the original Water Quality
Certification originally dated on September 8,2014,and subsequently modified on August 23,2016,v2;April 28,
2017,v3;November 27,2017(email authorization);June 26,2018,v4; and,May 22,2019,v5, 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 300 linear feet,respectively,additional
compensatory mitigation may be required as described in 15A NCAC 211.0506(h)(6)and(7). For this approval to

DocuSign Envelope ID:520D4F3A-E1D3-4DC6-9582-01954EO204E9
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 and design that you submitted in
your request for modification dated September 24,2021. [15A NCAC 02H.0506(b)(1,2)]
2. All the authorized activities and conditions associated with the original Water Quality Certification dated
September 8,2014,and subsequently modified on August 23,2016,v2;April 28,2017,v3;November 27,
2017(email authorization);June 26,2018,v4;and,May 22,2019,v5,still apply except where superseded
by this certification. [15A NCAC 02H.0506(b)(1,2)]
3. For the area being impacted due to site dewatering activities,the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(1,2)]
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:OOam 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 DEQ as follows:
Mr.Bill F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 4th day of November 2021
DIVISION OF WATER RESOURCES
E
DOCUSignned by:
12DCD474..
S.Daniel Smith,Director
WQC No. 004001

DocuSign Envelope ID:520D4F3A-E1D3-4DC6-9582-01954EO204E9
of STATE
ROY COOPER o
Governor
ELIZABETH S.BISER ` ,
Secretary
S.DANIEL SMITH NORTH CARauNA
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 �� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center � Raleigh,North Carolina 27699-1617
NORTH CAROUNA +
oepn,enrM et Emmmmonmi 1-1i r- 919.707.9000