20140762_v7_R-2915D_Modification.docx

DocuSign Envelope ID:95E7621C-EBE7-4691-83FB-A235AB6534E1
ROY COOPER `'_= I>
Governor
ELIZABETH S.BISER `
Secretary *`" *
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
May 16,2022
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 D)in Ashe County;WBS 34518.LFR6;NCDWR Project No.
20140762 v7.
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;May 22,2019,v5;and,November 4,2021,v6.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
DocuSigned by:
� �°4�'Zagers Jr.,Director
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
Rebekah Reid,US Fish and Wildlife Service
David McHenry,NC Wildlife Resources Commission
[e-mail]
File Copy
North Carolina Department of Environmental Quality Division of Water Resources
:f D,E Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
� � F

DocuSign Envelope ID:95E7621C-EBE7-4691-83FB-A235AB6534E1
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 320 linear
feet of jurisdictional streams in Ashe County(including temporary impacts of 130 linear feet). The project shall be
constructed pursuant to the modification dated received April 18,2022. The authorized impacts are as described
below:
Stream Impact in the New River Basin
Permanent Fill in Temporary Fill in
Perennial Stream Perennial Stream Stream Impacts Requiring
Site (linear ft) (linear ft) Additional Mitigation
(linear ft)
Pipe Dewater
New additional impacts 320 130 320
at new site 18A
Totals 320 130 320
(for this modification)
Total Stream Impact(for this modification): 450 linear feet
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
April 18,2022.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;May 22,2019,v5;and,November 4,2021,v6 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(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 and design that you submitted in
your request for modification dated April 18,2022. [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;May 22,2019,v5;and,November 4,2021,v6,still apply
except where superseded by this certification. [15A NCAC 02H.0506(b)(1,2)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:95E7621C-EBE7-4691-83FB-A235AB6534E1
3. Compensatory mitigation for 320 linear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Division of Mitigation Service(DMS--formerly NCEEP),and that the DMS has agreed to implement the
mitigation for the project. The DMS has indicated in a letter dated April 7,2022,that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
above-referenced project,in accordance with the DMS Mitigation Banking Instrument signed July 28,
2010.
4. For the areas impacted due to site dewatering activities,the site shall be stabilized 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 8:00am 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 16th day of May 2022
DIVISION OF WATER RESOURCES
DocuSigned by:
Richar Es� oger°s��r 4 Director
WQC No. 004001
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
e:��D,E Q-5 919.707.9000

DocuSign Envelope ID:95E7621C-EBE7-4691-83FB-A235AB6534E1
SN,STATE o<�
ROY COOPER a
Governor
ELIZABETH S.BISER
Secretary ^
RICHARD E.ROGERS,JR. 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
0e:f D,E Q 919.707.9000
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