20210209 Ver 2_Approval Letter_20211109

DocuSign Envelope ID:2001894C-FE2B-4503-ADB2-17089D61DA4D
ar t STATE-,;'
RoYcoopER 6 . �f
Governor '.
ELIZABETH S.BISER `
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Secretory 45` °`°`^ _
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
November 9,2021
Mr.Dave McHenry,Division 14 Environmental Officer
NCDOT,Division 14
253 Webster Road
Sylva,NC 28779
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
with ADDITIONAL CONDITIONS for Proposed improvements to Bridge#430237 on SR 1129(Little
East Fork Road)in Haywood County, State Project No. 17Bp.14.R.177.
NCDWR Project No.20210209 v.2
Dear Mr.McHenry:
Attached hereto is a modification of General Certification No.4135 issued to The North Carolina Department of
Transportation(NCDOT)dated September 28,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
DocuSigned by:
a cif ,
9C9886312DCD474...
S.liamei�mitn,Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Crystal Amschler,US Army Corps of Engineers,Asheville Field Office
Holland Youngman,US Fish and Wildlife Service
Marla Chambers,NC Wildlife Resources Commission
File Copy
-dim North
512North CaroSalisburylina DepartmeStreetnt o1617 f i7MailvironmentaServiceE Center Raleigh Quality I Division of WaterNorthCarolina Resources
, 27699-1617
NORTH OAROUNA
nowrowt of E,imm,a 5i ooNm 919.707.9000

DocuSign Envelope ID:2001894C-FE2B-4503-ADB2-17089D61DA4D
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 permanently impact an additional 97 linear feet
of jurisdictional streams Haywood County. The project shall be constructed pursuant to the modification dated
received November 2,2021,with additional information received on November 4,2021. The authorized impacts
are as described below:
Stream Impacts in the French Broad River Basin
Original Original
Permanent Temporary Permanent Fill Temporary Fill Stream Impacts
Total Stream
Impact in Impact in in Perennial in Perennial Requiring
Site Perennial Perennial Stream Stream Impact Mitigation
Stream Stream (linear ft) (linear ft) (linear feet)) (linear ft)
(linear ft) (linear ft)
S1 60 144 144
S2 130 44 44
S3_ 10 10
S4 _ 5 _ 8 8
S5 I 95 100 100
TOTAL: I 445 4- .0 262 44 306 0
Total Stream Impact for Modification: 262 linear feet of permanent and 44 linear feet of temporary.
Open Water Impacts in the French Broad River Basin
Site Fill(acres) Total Open Water
Impact(acres)
01 0.15 0.15
Total 0.15 0.15
Total Open Water Impact for Project: 0.15 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the French 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 November 2,2021. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated September 28,2021 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 2H.0506(c). 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 September

DocuSign Envelope ID:2001894C-FE2B-4503-ADB2-17089D61DA4D
28,2021 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: [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 9th day of November 2021
DIVISION OF WATER RESOURCES
,-DocuSigned by:
0.. ,
-9C9886312DCD474...
S.Daniel Smith,Director

DocuSign Envelope ID:2001894C-FE2B-4503-ADB2-17089D61DA4D
Sa STATE
_�\
ROY COOPER �, o,'
Governor _r
At
ELIZABETH S.BISER a
11.E
Secretary �
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 --41
NortNorthh CarolinaSalisbury DepartmentStreet1 of1617 EnviMailronSementalice Center I Rale Quality I Divisionigh
of Water Resources
512 rv ,North Carolina 27699-1617
NORTH CAROLINA
Departrnoml al Emimomemai 0w111y 919.707.9000