HomeMy WebLinkAbout20191006 Ver 3_Approval Letter_20211209 DocuSign Envelope ID:2247215E-9513-4F3C-A301-F31B073EBB78
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ROY COOPER °'w1
Governor NORTH CAROL!
ELIZABETH S. BISER Enirfreitime tid Orlarrry
Secretary
S. DANIEL SMITH
Director
December 9,2021
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 the I-77 and I-40 interchange in
Iredell County,including Broad Street improvements,TIP I-3819B,U-6039,WBS 34192.3.2.
NCDWR Project No. 20191006 v.3
Dear Mr.Harris:
Attached hereto is a modification of Certification No. WQC004203 (version 3)issued to The North Carolina
Department of Transportation(NCDOT)originally dated November 19,2019 and Addendum and Correction issued
on January 20,2020,and version 2 modification date February 12,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
,..—DocuSigned by:
—9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer,US Army Corps of Engineers,Raleigh Field Office
Jeff Wyatt,Division 12 Environmental Officer
Michael Turchy,NC Department of Transportation
Amanetta Somerville,US Environmental Protection Agency
Holland Youngman,US Fish and Wildlife Service
Andrea Leslie,NC Wildlife Resources Commission
Donna Hood,NC Division of Water Resources Mooresville Regional Office
File Copy
North Carolina Department of Environmental Quality Division of Water Resources
•l .__ 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
1:1• ` 1"NMI. 1"°m. 919.707.9000
DocuSign Envelope ID:2247215E-9513-4F3C-A301-F31B073EBB78
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 jurisdictional wetlands and
jurisdictional streams in Iredell County as listed below in red. The project shall be constructed pursuant to the
modification dated received October 20,2021.The additional authorized impacts are as described below:
Site Bank Permanent Temporary Permanent Temporary Total Stream
Stabilization Fill in Fill in Fill in Fill in Stream Impacts
(linear feet) Intermitten Intermittent Perennial Perennial Impact Requiring
t Stream Stream Stream Stream (linear Mitigation
(linear ft) (linear ft) (linear ft) (linear ft) ft) (linear ft)
2 16+70- 115 10 125
21+50YRP 42 20 6-
CA
7A 19 21 40
Wetland Impacts in the Yadkin-PeeDee River Basin
Site Fill Fill Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing Clearing Bridge Wetland
(ac) (ac) (ac) (ac) Impact(ac)
2 16+70- 042 0.62 0.02 0766
21+50 0.04 0.61 0 0.65
YRPCA
The application provides adequate assurance that the discharge of fill material into the waters of the Catawba 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 October 20,2021.All the authorized activities and conditions of certification associated with the original
Water Quality Certification and subsequent modifications dated November 19,2019,January 30,2020 and
November 24,2020 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 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.
DocuSign Envelope ID:2247215E-9513-4F3C-A301-F31B073EBB78
Condition(s)of Certification:
1. Exemption for pipe burial at Permitted Sites 16, 17, 18, 19,21,22,24,25,and 27 are granted as requested
based on the condition of the existing pipe. The existing pipes are perched and meeting burial
requirements will be impossible within current right of way lines. However,the permittee will be
expected to incorporate acceptable stream structures, such as rock ladders,at these sites to restore aquatic
passage to the maximum extent practicable.
2. 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 November
19,2019 and subsequent modification dated January 30,2020 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
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 12th day of February 2021
DIVISION OF WATER RESOURCES
,-DocuSigned by:
S.Daniel mite,Lnrector
WQC No.004203
DocuSign Envelope ID:2247215E-9513-4F3C-A301-F31B073EBB78
Sa STATE
�\
ROY COOPER �, o,'
Governor _r
ELIZABETH S.BISER a
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
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