20100752 Ver 3_Approval Letter_20140411

A&A
WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 11, 2014
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
John E. Skvarla, III
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
with ADDITIONAL CONDITIONS for widening of US 321 from Blackberry Road to US 221 at Blowing
Rock in Watauga County. State Project No. 6.739001T, WBS Element No. 34402.2.6. TIP No. R-
2237C. NCDWR Project No. 2010 -0752 v. 3
Dear Mr. Hancock:
Attached hereto is a modification of Certification No. 3852 issued to The North Carolina Department of
Transportation (NCDOT) originally dated March 9, 2011 and revised on July 10, 2012.
If we can be of further assistance, do not hesitate to contact us.
- Sincerely,
Q G��. homas A. Reeder, Director
Division of Water Resources
Attachments
cc: Andrew Williams, US Army Corps of Engineers, Raleigh Field Office electronic copy only (eco)
Heath Slaughter, Division 11 Environmental Officer (eco)
Cynthia Van Der Wiele, Environmental Protection Agency (eco)
Marla Chambers, NC Wildlife Resources Commission (eco)
Beth Harmon, Ecosystem Enhancement Program (eco)
Dave Wanucha, NCDWR Winston -Salem Regional Office
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 733 -1290
Internet: www.ncwatercivality.org
An Equal opportunity 1 Affirmative Action Employer
NorthCarofina
Vaturallff

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,21-1 .0500. This certification authorizes the NCDOT to permanently impact an additional 0.02 acres of
wetlands and an additional 11 linear feet of stream; and temporarily impact 63 additional linear feet of stream and
remove temporary impacts of <0.01 acres of wetlands. The project shall be constructed pursuant to the modification
dated received February 18, 2014. The authorized impacts are as described below:
Stream Impacts in the New River Basin
Site
Permanent Fill in
Temporary Fill
Permanent
Temporary
Total Stream
Stream
Intermittent Stream
in Intermittent
Fill in
Fill in
Impact
Impacts
(linear ft)
Stream
Perennial
Perennial
(linear ft)
Requiring
(linear ft)
Stream
Stream
Mitigation
(linear ft)
(linear ft)
(linear ft)
Original
approved
impacts in
_
_
_
45
45
0
March 2011
at Site XII
(12)
Revised
impacts in
July 2012 at
-
45
21
66
0
Site X1 (12)
New revised
56
84
impacts at
-
-
(increase of 11
(increase of 63
140
11
Site X11 (12)
linear ft)
linear ft)
Total
56
84
140
11
Total Stream Impact for Site XII (12) Modification: 140 linear feet

Wetland Impacts in the New River Basin i arian
Site
Fill
Fill
Excavation
Mechanized
Hand
Area under
Total
(ac)
(temporary)
(ac)
Clearing
Clearing
Bridge
Wetland
(ac)
(ac)
(ac)
(ac)
Impact (ac)
Original
approved
_
0
-
-
-
-
0
impacts at
Site XII (12)
Revised
impacts in
_
0.01
-
-
-
-
0.01
July 2012 at
Site XII (12)
New revised
impacts at
0.02
-0.01
-
-
-
-
0.02
Site XI (12)
Total
0.02
0
0.02
Total Wetland Impact for Site XII (12) Modification: 0.02 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 modified application dated
received February 18, 2014. All the authorized activities associated with the original application of September 3,
2010 and Water Quality Certification dated March 9, 2011 and revised on July 10, 2012 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.
Condition(s) of Certification:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities
associated with the original application dated September 3, 2010 and Water Quality Certifications dated
March 9, 2011 with subsequent modifications /revisions on July 10, 2012 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: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: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 11 day of April 2014
DIVISION OF WATER RESOURCES
Thomas A Reeder, Director
Division of Water Resources
WQC No. 3852