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Home My WebLink About20120073 Ver 4_Approval Letter_20140828.A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 28, 2014 Richard W. Hancock, PE, Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699 -1548 r John E. Skvarla, III Secretary Subject: MODIFICATION to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to US 501 North in Person County, Federal Aid Project No. STP- 501(1), State Project No. 34406.2.3, TIP No. R -2241 A. NCDWR Project No. 20120073 version 4. Dear Mr. Hancock: , Attached hereto is a modification of Certification No. 3910 issued to The North Carolina Department of Transportation ( NCDOT) dated March 23, 2012. If we can be of further assistance, do not hesitate to contact us. Sincerely, .V— Thomas A Reeder, Director Division of Water Resources Attachments cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Chris Murray, Division 5 Environmental Officer Rachelle Beauregard, NCDOT Natural Environment Unit 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, 919 - 807 -63001 FAX. 919 - 733 -1290 Internet. www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Aatumllff MODIFICATION to 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. This certification authorizes the NCDOT to impact 2.39 acres of jurisdictional wetlands and 4,356 linear feet of jurisdictional streams in Person County. The project shall be constructed pursuant to the application dated received January 26, 2012 and modification request dated August 19, 2014. The authorized impacts are as described below: Additional (or Decrease) to Stream Impacts in the Roanoke River Basin Site Streambank Stabilization to Perennial Stream linear ft Temporary Impacts to Perennial Stream linear ft 7A +39 -39 The application provides adequate assurance that the discharge of fill material into the waters of the Roanoke 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 application dated received January 26, 2012 and modification requests received August 2, 2012, December 6, 2013 and August 19, 2014. 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. Conditions of Certification: 1. . All conditions in the previous versions of this Certification for'this project still apply. 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 DENR as follows: Mr. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This the 28th day of August 2014 DIVISION OF WATER RESOURCES Tom Reeder Director